Senate Bill sb1586e1
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1 A bill to be entitled
2 An act relating to education governance;
3 amending s. 39.0015, F.S.; authorizing the
4 State Board of Education to adopt rules
5 relating to child abuse prevention training;
6 amending s. 112.19, F.S.; providing for the
7 State Board of Education to adopt rules and
8 procedures relating to educational benefits
9 provisions for officers killed in the line of
10 duty; amending s. 112.191, F.S.; providing for
11 the State Board of Education to adopt rules and
12 procedures relating to educational benefits
13 provisions for firefighters killed in the line
14 of duty; amending s. 220.187, F.S., relating to
15 corporate tax credit contributions; providing
16 for the State Board of Education to adopt
17 rules; repealing s. 229.001, F.S., which
18 provides for a short title; amending s.
19 229.002, F.S., relating to the policy and
20 guiding principles for education; removing
21 references to the changes in education
22 governance; establishing legislative policy for
23 decentralized authority to the schools,
24 community colleges, universities, and other
25 institutions; repealing s. 229.003(1),(2), (3),
26 (4), F.S., relating to education governance
27 reorganization; amending s. 229.0031, F.S.;
28 replacing references to the Florida Board of
29 Education with references to the State Board of
30 Education; repealing s. 229.004, F.S., relating
31 to the Florida Board of Education, Commissioner
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1 of Education and Secretary of Education;
2 repealing s. 229.005, F.S., relating to
3 governance officers and others; repealing s.
4 229.006, F.S., relating to the Education
5 Governance Reorganization Transition Task
6 Force; repealing s. 229.0061, F.S., relating to
7 guidelines for implementing Florida's K-20
8 education system; amending s. 229.007, F.S.;
9 replacing references to the Florida Board of
10 Education with the State Board of Education;
11 eliminating references to the Chancellors;
12 repealing s. 229.0072, F.S., relating to the
13 education reorganization implementation
14 process; repealing s. 229.0073, F.S., relating
15 to the reorganization of the Department of
16 Education; amending s. 229.011, F.S.; providing
17 that public education is a function of the
18 state; reenacting and amending s. 229.012,
19 F.S.; deleting references to the composition
20 and organization of the elected State Board of
21 Education; establishing the composition and
22 organization of the appointed board; reenacting
23 and amending s. 229.053, F.S.; providing
24 changes to the powers and duties of the State
25 Board of Education; providing for the removal
26 of a member of the State Board of Education for
27 cause; providing additional penalties for
28 violations of s. 286.011, F.S.; providing for
29 the appointment of a new member; repealing s.
30 229.133, F.S., relating to rulemaking by the
31 State Board of Education for career education
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1 programs; reenacting and amending s. 229.512,
2 F.S.; revising the powers and duties of the
3 Commissioner of Education; eliminating certain
4 duties; providing responsibilities for
5 community college, college, and university
6 boards of trustees; repealing s. 229.513, F.S.,
7 relating to the Commissioner of Education's
8 review of rules and statutes for school
9 district facilities and related matters;
10 repealing s. 229.515, F.S., relating to
11 rulemaking authority to implement certain
12 provisions of the school code; creating s.
13 229.516, F.S.; providing for additional duties
14 for the Commissioner; reenacting and amending
15 s. 229.551, F.S., relating to educational
16 management; providing references to the K-20
17 education system and colleges and state
18 universities; eliminating references to the
19 State University System and the Board of
20 Regents and obsolete dates; providing the State
21 Board of Education and the commissioner with
22 specific functions; providing a technical
23 reference for the public records exemption for
24 tests and related documents developed by the
25 Department of Education; changing references
26 from the common course designation and
27 numbering system to the statewide course
28 numbering system; establishing the Articulation
29 Coordinating Committee; providing for the
30 appointment of members; providing for the
31 adoption of rules; amending s. 229.555, F.S.;
3
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1 providing requirements for postsecondary
2 institutions and boards of trustees for
3 community colleges, colleges, and universities;
4 providing responsibilities for the
5 commissioner; amending s. 229.565, F.S.;
6 eliminating references to commissioner's rules;
7 amending s. 229.57, F.S., relating to the
8 student assessment program; eliminating the
9 high school competency test requirement;
10 removing obsolete references; directing the
11 Governor to appoint a validity panel to make
12 recommendations on the impacts of specific
13 accommodations; repealing s. 229.5701, F.S.,
14 relating to monitoring and reporting on the
15 methodology for identifying student learning
16 gains; amending s. 229.59, F.S.; replacing the
17 reference to rulemaking by the Commissioner of
18 Education with the State Board of Education;
19 reenacting and amending s. 229.592, F.S.,
20 relating to implementation of the state system
21 of school improvement and education
22 accountability; revising the waiver process;
23 providing for the State Board of Education to
24 authorize the commissioner to waive certain
25 board rules; removing the requirement for the
26 commissioner to bring pending waivers to the
27 board; revising the status of provisions for
28 schools designated with certain performance
29 grade categories; repealing s. 229.601, F.S.,
30 relating to the Florida Career Education Act;
31 amending s. 229.602, F.S.; removing reference
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1 to an obsolete date; transferring and
2 renumbering s. 229.604, F.S., relating to the
3 transition to teaching program; transferring
4 and renumbering s. 229.6041, F.S., relating to
5 grants for career changing professionals;
6 transferring and renumbering s. 229.6042, F.S.,
7 relating to training program implementation;
8 transferring and renumbering s. 229.6043, F.S.,
9 relating to requirements for teacher
10 preparation programs; amending s. 229.805,
11 F.S., relating to educational television;
12 replacing rulemaking by the Commissioner of
13 Education with the State Board of Education;
14 extending the Department of Education's
15 educational television and other media services
16 to universities; amending s. 229.8051, F.S.,
17 relating to the public broadcasting system;
18 replacing rulemaking by the Commissioner of
19 Education with the State Board of Education;
20 creating s. 229.8076, F.S.; establishing the
21 Office of Nonpublic Schools and Home Education
22 Programs within the Department of Education;
23 specifying the responsibilities of the office;
24 requiring the Commissioner of Education to
25 appoint an executive director for the office;
26 specifying duties; amending s. 229.8333, F.S.;
27 replacing rulemaking by the Department of
28 Education with the State Board of Education;
29 reenacting s. 229.8341, F.S.; allowing regional
30 diagnostic and learning resource centers to
31 provide services for infants and preschool
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1 children; repealing s. 229.8343, F.S.,
2 requiring the Department of Education to
3 develop a model rule for denying participation
4 in sports or other extracurricular activities
5 to certain persons who were delinquent in
6 paying a child support obligation; amending ss.
7 233.015, 233.056, F.S.; replacing rulemaking by
8 the Commissioner of Education with the State
9 Board of Education; revising the reference to
10 the Division of Public Schools and Community
11 Education with the Division of Public Schools;
12 amending s. 233.058, F.S.; replacing rulemaking
13 by the Commissioner of Education with the State
14 Board of Education; amending ss. 233.39,
15 236.02, F.S.; replacing rulemaking by the
16 Commissioner of Education with the State Board
17 of Education; amending s. 236.025, F.S.;
18 replacing rulemaking of the Department of
19 Education with the State Board of Education;
20 amending s. 236.081, F.S.; replacing rulemaking
21 by the commissioner with the State Board of
22 Education; removing an obsolete reference;
23 amending ss. 236.1225, 237.081, 237.211,
24 237.40, 316.615, F.S.; replacing rulemaking by
25 the Commissioner of Education with the State
26 Board of Education; amending ss. 411.224,
27 446.609, F.S.; replacing rulemaking by the
28 Department of Education with the State Board of
29 Education; amending s. 489.125, F.S.; replacing
30 rulemaking by the commissioner with the State
31 Board of Education; amending ss. 937.023,
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1 984.05, F.S.; replacing rulemaking by the
2 Department of Education with the State Board of
3 Education; repealing s. 229.0074(3), F.S.,
4 relating to the Commission for Independent
5 Education; amending s. 228.041, F.S.; revising
6 definitions in the school code; correcting
7 references; replacing references to rulemaking;
8 amending s. 228.055, F.S.; replacing rulemaking
9 by the Department of Education with the State
10 Board of Education; amending ss. 228.062,
11 228.195, 230.23, F.S.; replacing rulemaking by
12 the Commissioner with the State Board of
13 Education; amending s. 230.2316, F.S.;
14 eliminating the eligibility for waivers of law
15 by second chance schools; providing for
16 programs to operate under rules adopted by the
17 state board; providing general rulemaking
18 authority for the state board; amending s.
19 230.23161, F.S.; providing rulemaking authority
20 to the State Board of Education rather than the
21 Department of Education; amending ss.
22 230.23166, 231.700, 232.01, F.S.; providing for
23 the adoption of rules by the State Board of
24 Education rather than the Commissioner of
25 Education; amending s. 232.0315, F.S.;
26 providing rulemaking authority to the State
27 Board of Education rather than the Department
28 of Education; amending ss. 232.23, 232.245,
29 232.25, 234.02, 234.301, F.S.; providing
30 rulemaking authority to the State Board of
31 Education rather than the Commissioner of
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1 Education; amending s. 229.567, F.S.; providing
2 for school readiness uniform screening;
3 amending s. 229.0074, F.S.; eliminating the
4 Division of Independent Education and the
5 appointment of members to the Commission for
6 Independent Education; amending s. 229.58,
7 F.S.; requiring the establishment of technical
8 center school advisory councils; amending s.
9 229.8075, F.S.; requiring the Department of
10 Education to use certain data; allowing the use
11 of certain data; providing for rules; repealing
12 s. 229.8052, F.S., relating to the state
13 satellite network; repealing s. 229.008, F.S.,
14 relating to the boards of trustees of the state
15 universities; repealing s. 229.0081, F.S.,
16 relating to the powers and duties of university
17 boards of trustees; repealing s. 229.0082,
18 F.S., relating to the powers and duties of
19 university presidents; repealing s. 229.76,
20 F.S., relating to functions of the Department
21 of Education; eliminating the requirement for
22 the Department of Education to be located in
23 the Office of the Commissioner of Education and
24 statutory duties for the department; repealing
25 s. 229.8065, F.S., relating to expenditures for
26 Knott Data Center and projects, contracts, and
27 grants programs; amending s. 233.17, F.S.;
28 conforming a statutory cross-reference;
29 requiring the Secretary for the Florida Board
30 of Education to make recommendations; requiring
31 a report; creating s. 229.136, F.S.; providing
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1 for the preservation of rules of the State
2 Board of Education, the Commissioner of
3 Education, and the Department of Education;
4 specifying those rules of the Department of
5 Education and the Commissioner of Education
6 that become rules of the State Board of
7 Education and those rules of the elected State
8 Board of Education that become the rules of the
9 appointed State Board of Education;
10 transferring rules of the State Board of
11 Education, the Commissioner of Education, and
12 the Department of Education to the appointed
13 State Board of Education; providing for the
14 preservation of validity of judicial or
15 administrative actions; providing for the
16 substitution of parties; creating the
17 "Education Investment Act"; providing
18 definitions; providing legislative intent for
19 certain investments and enhancements;
20 authorizing certain programs; authorizing
21 improved curriculum; requiring improved
22 counseling ratios in certain schools;
23 authorizing academic preparation tools,
24 including test preparation study skills and
25 advanced writing programs for certain students;
26 authorizing the development of programs through
27 the Internet; providing for separation of open
28 enrollment programs within schools for certain
29 purposes; authorizing expanded student
30 assistance programs at universities;
31 authorizing fee waivers for students and former
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1 students of certain schools; authorizing rules
2 of the Board of Education; authorizing
3 state-funded test-preparation courses for
4 certain students; requiring school districts to
5 develop a plan for a foreign-language
6 curriculum; requiring the Department of
7 Education to prepare a summary of the plans;
8 prohibiting a district school board official
9 from employing or appointing a relative;
10 authorizing a demonstration program to be
11 called Learning Gateway; creating a steering
12 committee; providing for membership and
13 appointment of steering committee members;
14 establishing duties of the steering committee;
15 authorizing demonstration projects in specified
16 counties; authorizing designated agencies to
17 provide confidential information to such
18 program; providing for funding; amending s.
19 229.05371, F.S.; specifying notification
20 requirements for parents of students receiving
21 John M. McKay Scholarships; eliminating a date
22 for notification by private schools; amending
23 s. 229.05371, F.S.; providing for an
24 alternative calculation of the matrix level for
25 a scholarship for a limited time; providing
26 that district school boards and county
27 supervisors of elections should jointly provide
28 a program of voter education for high-school
29 seniors; providing guidelines for the content
30 of the educational program; repealing s. 3(7),
31 ch. 2000-321, L.O.F., relating to repeal of
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1 certain sections of the Florida Statutes;
2 providing effective dates.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsection (6) of section 39.0015, Florida
7 Statutes, is amended to read:
8 39.0015 Child abuse prevention training in the
9 district school system.--
10 (6) The department shall administer this section and
11 the State Board of Education may in so doing is authorized to
12 adopt rules and standards necessary to administer implement
13 the specific provisions of this section.
14 Section 2. Subsection (5) of section 112.19, Florida
15 Statutes, is amended to read:
16 112.19 Law enforcement, correctional, and correctional
17 probation officers; death benefits.--
18 (5) The State Board Department of Education shall
19 adopt rules and procedures as are necessary to administer
20 implement the educational benefits provisions of this section.
21 Section 3. Subsection (5) of section 112.191, Florida
22 Statutes, is amended to read:
23 112.191 Firefighters; death benefits.--
24 (5) The State Board Department of Education is
25 directed to promulgate rules and procedures as are necessary
26 to administer implement the educational benefits provisions of
27 this section.
28 Section 4. Paragraph (e) of subsection (6) of section
29 220.187, Florida Statutes, is amended to read:
30 220.187 Credits for contributions to nonprofit
31 scholarship-funding organizations.--
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1 (6) ADMINISTRATION; RULES.--
2 (e) The State Board Department of Education shall
3 adopt rules necessary to determine eligibility of nonprofit
4 scholarship-funding organizations as defined in paragraph
5 (2)(d) and according to the provisions of subsection (4) and
6 identify qualified students as defined in paragraph (2)(e).
7 Section 5. Section 229.001, Florida Statutes, is
8 repealed.
9 Section 6. Subsection (1) of section 229.002, Florida
10 Statutes, is amended to read:
11 229.002 Declaration of policy and guiding
12 principles.--
13 (1) It is the policy of the Legislature:
14 (a) To achieve within existing resources true systemic
15 change in education governance by establishing a seamless
16 academic educational system that fosters an integrated
17 continuum of kindergarten through graduate school education
18 for Florida's residents citizens.
19 (b) To promote enhanced academic success and funding
20 efficiency by centralizing the governance of educational
21 delivery systems by and aligning responsibility with
22 accountability.
23 (c) To provide consistent education policy vertically
24 and horizontally across all educational delivery systems,
25 focusing on students.
26 (d) To provide substantially improved vertical and
27 horizontal articulation across all educational delivery
28 systems.
29 (e) To provide for the decentralization devolution of
30 authority to the schools, community colleges, universities,
31 and other education institutions that deliver are the actual
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1 deliverers of educational services to the public in order to
2 provide student-centered education services within the clear
3 parameters of the overarching education policy established by
4 the Legislature.
5 (f) To ensure that independent education institutions
6 and home education programs maintain their independence,
7 autonomy, and nongovernmental status.
8 Section 7. Subsections (1), (2), (3), and (4) of
9 section 229.003, Florida Statutes, are repealed.
10 Section 8. Paragraphs (c), (d), (f), (g), (i), and (l)
11 of subsection (4) of section 229.0031, Florida Statutes, are
12 amended to read:
13 229.0031 Council for Education Policy Research and
14 Improvement.--Effective July 1, 2001, the Council for
15 Education Policy Research and Improvement is created as an
16 independent office under the Office of Legislative Services,
17 pursuant to s. 11.147. The council shall conduct and review
18 education research, provide independent analysis on education
19 progress, and provide independent evaluation of education
20 issues of statewide concern. The Office of Legislative
21 Services shall provide administrative functions of the
22 council, pursuant to joint policies of the Legislature.
23 (4) The council shall:
24 (c) Prepare and submit to the State Florida Board of
25 Education a long-range master plan for education. The plan
26 must include consideration of the promotion of quality,
27 fundamental educational goals, programmatic access, needs for
28 remedial education, regional and state economic development,
29 international education programs, demographic patterns,
30 student demand for programs, needs of particular subgroups of
31 the population, implementation of innovative educational
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1 techniques and technology, and requirements of the labor
2 market. The plan must evaluate the capacity of existing
3 programs in public and independent institutions to respond to
4 identified needs, and the council shall recommend efficient
5 alternatives to address unmet needs. The council shall update
6 the master plan at least every 5 years.
7 (d) Prepare and submit for approval by the State
8 Florida Board of Education a long-range performance plan for
9 K-20 education in Florida, and annually review and recommend
10 improvement in the implementation of the plan.
11 (f) Recommend to the Legislature and the State Florida
12 Board of Education legislation and rules for the educational
13 accountability system that support the policies and guiding
14 principles of s. 229.002.
15 (g) Recommend to the State Florida Board of Education
16 revisions and new initiatives to further improve the K-20
17 education accountability system.
18 (i) On its own initiative or in response to the
19 Governor, the Legislature, the State Florida Board of
20 Education, or the Commissioner of Education, issue reports and
21 recommendations on matters relating to any education sector.
22 (l) Assist the State Florida Board of Education in the
23 conduct of its educational responsibilities in such capacities
24 as the board considers appropriate.
25 Section 9. Section 229.004, Florida Statutes, is
26 repealed.
27 Section 10. Section 229.005, Florida Statutes, is
28 repealed.
29 Section 11. Effective March 1, 2003, section 229.006,
30 Florida Statutes, is repealed.
31
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1 Section 12. Section 229.0061, Florida Statutes, is
2 repealed.
3 Section 13. Paragraphs (b) and (c) of subsection (1)
4 and subsection (2) of section 229.007, Florida Statutes, are
5 amended to read:
6 229.007 Florida's K-20 education performance
7 accountability system; legislative intent; performance-based
8 funding; mission, goals, and systemwide measures.--
9 (1) LEGISLATIVE INTENT.--It is the intent of the
10 Legislature that:
11 (b) The State Florida Board of Education recommend to
12 the Legislature systemwide performance standards; the
13 Legislature establish systemwide performance measures and
14 standards; and the systemwide measures and standards provide
15 Floridians with information on what the public is getting in
16 return for the funds it invests in education and how well the
17 K-20 system educates its students.
18 (c) The State Florida Board of Education establish
19 performance measures and set performance standards for
20 individual components of the public education system,
21 including individual schools and postsecondary education
22 institutions, which measures and standards are based primarily
23 on student achievement.
24 (2) PERFORMANCE-BASED FUNDING.--The State Florida
25 Board of Education shall work with the chancellors and each
26 delivery system to develop proposals for performance-based
27 funding, using performance measures established by the
28 Legislature. The proposals must provide that at least 10
29 percent of the state funds appropriated for the K-20 education
30 system are conditional upon meeting or exceeding established
31 performance standards. The State Florida Board of Education
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1 must submit the recommendations to the Legislature in the
2 following sequence:
3 (a) By December 1, 2002, recommendations for state
4 universities, for consideration by the 2003 Legislature and
5 implementation in the 2003-2004 fiscal year.
6 (b) By December 1, 2003, recommendations for public
7 schools and workforce education, for consideration by the 2004
8 Legislature and implementation in the 2004-2005 fiscal year.
9 (c) By December 1, 2004, recommendations for community
10 colleges, for consideration by the 2005 Legislature and
11 implementation in the 2005-2006 fiscal year.
12 (d) By December 1, 2005, recommendations for all other
13 programs that receive state funds within the Department of
14 Education.
15 Section 14. Section 229.0072, Florida Statutes, is
16 repealed.
17 Section 15. Section 229.0073, Florida Statutes, is
18 repealed.
19 Section 16. Section 229.011, Florida Statutes, is
20 amended to read:
21 229.011 State functions.--Public education is
22 basically a function of the state. The state retains and
23 responsibility of the state. The responsibility for
24 establishing standards and regulations to assure efficient
25 operation of a K through 20 system of public education all
26 schools and adequate educational opportunities for all
27 individuals children is retained by the state.
28 Section 17. Notwithstanding subsection (7) of section
29 3 of chapter 2000-321, Laws of Florida, section 229.012,
30 Florida Statutes, is not repealed on January 7, 2003, as
31
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1 provided in that act, but that section is reenacted and
2 amended to read:
3 229.012 Composition of the State Board of Education.--
4 (1)(a) The State Board of Education is established as
5 a body corporate. The board shall be a citizen board
6 consisting of seven members who are residents of the state
7 appointed by the Governor to staggered 4-year terms, subject
8 to confirmation by the Senate. Members of the board shall
9 serve without compensation, but shall be entitled to
10 reimbursement of travel and per diem expenses in accordance
11 with s. 112.061. Members may be reappointed by the Governor
12 for additional terms not to exceed 8 years of consecutive
13 service.
14 (b) The State Board of Education shall select a chair
15 and a vice chair from its appointed members. The chair shall
16 serve a 2-year term and may be reselected for one additional
17 consecutive term. The State Board of Education shall consist
18 of the Governor, the Secretary of State, the Attorney General,
19 the Comptroller, the Treasurer, the Commissioner of
20 Agriculture, and the Commissioner of Education. The Governor
21 shall be the chair of the board, and the Commissioner of
22 Education shall be its secretary and executive officer.
23 Section 18. Notwithstanding subsection (7) of section
24 3 of chapter 2000-321, Laws of Florida, section 229.053,
25 Florida Statutes, is not repealed on January 7, 2003, as
26 provided in that act, but that section is reenacted and
27 amended to read:
28 229.053 General powers of state board.--
29 (1) The State Board of Education is the chief
30 policymaking and coordinating body of public education in
31 Florida and it shall focus on high-level policy decisions. It
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1 has authority to adopt rules pursuant to ss. 120.536(1) and
2 120.54 to implement the provisions of law conferring duties
3 upon it for the improvement of the state system of public
4 education. Except as otherwise provided herein, it may, as it
5 shall find appropriate, delegate its general powers to the
6 Commissioner of Education or the directors of the divisions of
7 the department.
8 (2) The board has the following duties:
9 (a) To adopt comprehensive educational objectives for
10 public education.
11 (b) To adopt comprehensive long-range plans and
12 short-range programs for the development of the state system
13 of public education.
14 (c) To exercise general supervision over the divisions
15 of the Department of Education as necessary to ensure
16 coordination of educational plans and programs and resolve
17 controversies and to minimize problems of articulation and
18 student transfers, to assure that students moving from one
19 level of education to the next have acquired competencies
20 necessary for satisfactory performance at that level, and to
21 ensure maximum utilization of facilities.
22 (d) To adopt for public universities, colleges, and
23 community colleges, and from time to time modify, minimum and
24 uniform standards of college-level communication and
25 computation skills generally associated with successful
26 performance and progression through the baccalaureate level
27 and to identify college-preparatory high school coursework and
28 postsecondary-level coursework that prepares students with the
29 academic skills necessary to succeed in postsecondary
30 education.
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1 (e) To adopt and submit transmit to the Governor and
2 Legislature as chief budget officer of the state on official
3 forms furnished for such purposes, on or before September 1 of
4 each year, a coordinated K-20 education budget that estimates
5 the of expenditure requirements for the State Board of
6 Education, including the Department of Education, the
7 Commissioner of Education, and all of the boards,
8 institutions, agencies, and services under the general
9 supervision of the State Board of Education for the ensuing
10 fiscal year. Any program recommended by the State Board of
11 Education which will require increases in state funding for
12 more than 1 year must be presented in a multiyear budget plan.
13 (f) To hold meetings, transact business, keep records,
14 adopt a seal, and perform such other duties as may be
15 necessary for the enforcement of all laws and regulations
16 relating to the state system of public education.
17 (g) To approve plans for cooperating with the Federal
18 Government.
19 (h) To approve plans for cooperating with other public
20 agencies in the development of regulations and in the
21 enforcement of laws for which the state board and such
22 agencies are jointly responsible.
23 (i) To review plans for cooperating with appropriate
24 nonpublic agencies for the improvement of conditions relating
25 to the welfare of schools.
26 (j) To create such subordinate advisory bodies as are
27 required by law or as it finds necessary for the improvement
28 of education.
29 (k) To constitute the State Board for Career Education
30 or other structures as required by federal law.
31
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1 (l) To assist in the economic development of the state
2 by developing a state-level planning process to identify
3 future training needs for industry, especially high-technology
4 industry.
5 (m) To assist in the planning and economic development
6 of the state by establishing a clearinghouse for information
7 on educational programs of value to economic development.
8 (n) To adopt cohesive rules pursuant to ss. 120.536(1)
9 and 120.54, within statutory authority, for education
10 systemwide issues.
11 (o) To authorize the allocation of resources in
12 accordance with law and rule.
13 (p)(n) To contract with independent institutions
14 accredited by an agency whose standards are comparable to the
15 minimum standards required to operate a postsecondary
16 education institution at that level in the state. The purpose
17 of the contract is to provide holding membership in the
18 Commission on Recognition of Postsecondary Accreditation for
19 the provision of those educational programs and facilities
20 which will meet needs unfulfilled by the state system of
21 public postsecondary education.
22 (q)(o) To recommend that a district school board take
23 action consistent with the state board's decision relating to
24 an appeal of a charter school application.
25 (r) To enforce systemwide education goals and
26 policies.
27 (s) To establish a detailed procedure for the
28 implementation and operation of a systemwide K-20 technology
29 plan that is based on a common set of data definitions.
30 (t) To establish accountability standards for existing
31 legislative performance goals, standards, and measures, and
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1 order the development of mechanisms to implement new
2 legislative goals, standards, and measures.
3 (u) To adopt criteria and implementation plans for
4 future growth issues, such as new colleges and universities
5 and campus mergers and to provide for cooperative agreements
6 between and within public and private education sectors.
7 (v) To develop, and periodically review for
8 adjustment, a coordinated 5-year plan for postsecondary
9 enrollment and annually submit the plan to the Legislature.
10 (w) To approve a new program at the doctoral level and
11 beyond, if:
12 1. The university has taken into account the need and
13 demand for the program, the university's mission, and similar
14 program offerings by public and nonpublic counterparts.
15 2. The addition of the program will not alter the
16 university's emphasis on undergraduate education.
17 (x) To review, and approve or disapprove, degree
18 programs identified by the Articulation Coordinating Committee
19 as unique pursuant to s. 229.551(1)(f)5.
20 (y) To recommend to the Legislature a plan for
21 implementing block tuition programs and providing other
22 incentives to encourage students to graduate within 4 years.
23 (3) The State Board of Education shall adopt rules to
24 establish the criteria for assigning, reviewing, and removing
25 limited-access status to an educational program. The State
26 Board of Education shall monitor the extent of limited-access
27 programs within the state universities and colleges and report
28 to the Legislature admissions and enrollment data for
29 limited-access programs. Such report shall be submitted
30 annually by December 1 and shall assist in determining the
31 potential need for academic-program contracts with independent
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1 institutions pursuant to s. 229.053. The report must specify,
2 for each limited-access program within each institution, the
3 following categories, by race and gender:
4 1. The number of applicants.
5 2. The number of applicants granted admission.
6 3. The number of applicants who are granted admission
7 and enroll.
8 4. The number of applicants denied admission.
9 5. The number of applicants neither granted admission
10 nor denied admission.
11
12 Each category must be reported for each term. Each category
13 must be reported by type of student, including the following
14 subcategories: native student, community college
15 associate-in-arts-degree transfer students, and other
16 students. Each category and subcategory must further be
17 reported according to the number of students who meet or
18 exceed the minimum eligibility requirements for admission to
19 the program and the number of students who do not meet or
20 exceed the minimum eligibility requirements for admission to
21 the program.
22 (4) The State Board of Education shall review, and
23 approve or disapprove, baccalaureate-degree programs that
24 exceed 120 semester hours, after considering accreditation
25 requirements, employment and earnings of graduates,
26 comparative program lengths nationally, and comparisons with
27 similar programs offered by independent institutions. By
28 December 31 of each year, the State Board of Education must
29 report to the Legislature any degrees in the state
30 universities and colleges which require more than 120 hours,
31 along with appropriate evidence of need. At least every 5
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1 years, the State Board of Education must determine whether the
2 programs still require more than the standard length of 120
3 hours.
4 (5) The State Board of Education shall adopt a
5 systemwide strategic plan that specifies goals and objectives
6 for the state universities and colleges. In developing this
7 plan, the State Board of Education shall consider the role of
8 individual public and independent institutions within the
9 state. The plan shall provide for the roles of the
10 universities and colleges to be coordinated to best meet state
11 needs and reflect cost-effective use of state resources. The
12 strategic plan must clarify mission statements and identify
13 degree programs to be offered at each university and college
14 in accordance with the objectives provided in this subsection.
15 The systemwide strategic plan must cover a period of 5 years,
16 with modification of the program lists after 2 years.
17 Development of each 5-year plan must be coordinated with and
18 initiated after completion of the master plan. The systemwide
19 and university and college strategic plans must specifically
20 include programs and procedures for responding to the
21 educational needs of teachers and students in the public
22 schools of this state. The State Board of Education shall
23 submit a report to the President of the Senate and the Speaker
24 of the House of Representatives upon modification of the
25 system plan.
26 (6) The State Board of Education shall coordinate the
27 programs with the Council for Education Policy Research and
28 Improvement, including doctoral programs. The programs shall
29 be reviewed every 5 years or whenever the State Board of
30 Education determines that the effectiveness or efficiency of a
31 program is jeopardized. The State Board of Education shall
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1 define the indicators of quality and the criteria for program
2 review for every program. Such indicators include need,
3 student demand, industry-driven competencies for advanced
4 technology and related programs, and resources available to
5 support continuation. The results of the program reviews must
6 be tied to the university and college budget requests.
7 (7) The State Board of Education shall:
8 (a) Provide for each community college to offer
9 educational training and service programs designed to meet the
10 needs of both students and the communities served.
11 (b) Specify, by rule, procedures to be used by the
12 boards of trustees in the annual evaluations of presidents and
13 formally review the evaluations of presidents by the boards of
14 trustees.
15 (c) Establish an effective information system that
16 will provide composite data concerning the community colleges
17 and assure that special analyses and studies concerning the
18 colleges are conducted, as necessary, for provision of
19 accurate and cost-effective information concerning the
20 colleges and the community college system as a whole.
21 (d) Establish criteria for making recommendations for
22 modifying district boundary lines and for making
23 recommendations concerning all proposals for the establishment
24 of additional centers or campuses for community colleges.
25 (e) Examine the annual administrative review of each
26 community college.
27 (f) Specify, by rule, the degree program courses that
28 may be taken by students concurrently enrolled in
29 college-preparatory instruction.
30
31
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1 (8) The State Board of Education is responsible for
2 reviewing and administering the state program of support for
3 the community colleges and, subject to existing law, shall:
4 (a) Establish the matriculation and tuition fees for
5 college-preparatory instruction and for credit instruction
6 that may be counted toward an associate-in-arts degree, an
7 associate-in-applied-science degree, or an
8 associate-in-science degree.
9 (b) Adopt and submit to the Legislature a 3-year list
10 of priorities for fixed-capital-outlay projects.
11 (9) The State Board of Education shall prescribe
12 minimum standards, definitions, and guidelines for community
13 colleges which will assure the quality of education,
14 coordination among the community colleges, and efficient
15 progress toward accomplishing the community college mission.
16 At a minimum, these rules must address:
17 (a) Personnel.
18 (b) Contracting.
19 (c) Program offerings and classification, including
20 college-level communication and computation skills associated
21 with successful performance in college, with tests and other
22 assessment procedures that measure student achievement of
23 those skills. The performance measures must provide that
24 students moving from one level of education to the next
25 acquire the necessary competencies for that level.
26 (d) Provisions for curriculum development, graduation
27 requirements, college calendars, and program service areas.
28 These provisions must include rules that:
29 1. Provide for the award of an associate-in-arts
30 degree to a student who successfully completes 60 semester
31 credit hours at the community college.
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1 2. Require all of the credits accepted for the
2 associate-in-arts degree to be in the common course numbering
3 and designation system as credits towards a baccalaureate
4 degree offered by a college or university as defined in s.
5 240.2011.
6 3. Require no more than 36 semester credit hours in
7 general education courses in the subject areas of
8 communication, mathematics, social sciences, humanities, and
9 natural sciences.
10
11 The rules should encourage community colleges to enter into
12 agreements with state universities and colleges which allow
13 community college students to complete upper-division-level
14 courses at a community college. An agreement may provide for
15 concurrent enrollment at the community college and the
16 university or college and may authorize the community college
17 to offer an upper-division-level course or distance learning.
18 (e) Student admissions, conduct and discipline,
19 nonclassroom activities, and fees.
20 (f) Budgeting.
21 (g) Business and financial matters.
22 (h) Student services.
23 (i) Reports, surveys, and information systems,
24 including forms and dates of submission.
25 (10) Upon a determination by a court of a second
26 violation of s. 286.011 by a member of the State Board of
27 Education, the member is subject to removal for cause. Upon a
28 determination by a court that a member has knowingly violated
29 s. 286.011, the member shall be removed. The Governor shall
30 appoint a new member of the board pursuant to s. 229.012. The
31 penalties imposed by this subsection are cumulative to the
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1 penalties imposed under s. 286.011. Violations of s. 286.011
2 prior to the effective date of this subsection shall not
3 constitute violations for purposes of this subsection.
4 Section 19. Section 229.133, Florida Statutes, is
5 repealed.
6 Section 20. Notwithstanding subsection (7) of section
7 3 of chapter 2000-321, Laws of Florida, section 229.512,
8 Florida Statutes, is not repealed on January 7, 2003, as
9 provided in that act, but that section is reenacted and
10 amended to read:
11 229.512 Commissioner of Education; general powers and
12 duties.--The Commissioner of Education is the chief
13 educational officer of the state, and is responsible for
14 enforcing compliance with the mission and goals of the
15 seamless K-20 education system. The commissioner has the
16 following general powers and duties:
17 (1) To appoint staff necessary to carry out his or her
18 powers and duties.
19 (2) To suspend, for cause, with the approval of the
20 State Board of Education, a public community college
21 president. Such suspension shall be acted upon expeditiously
22 by the local community college board of trustees.
23 (2)(3) To advise and counsel with the State Board of
24 Education on all matters pertaining to education; to recommend
25 to the State Board of Education actions and policies as, in
26 the commissioner's opinion, should be acted upon or adopted;
27 and to execute or provide for the execution of all acts and
28 policies as are approved.
29 (4) To call such special meetings of the State Board
30 of Education as the commissioner deems necessary.
31
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1 (3)(5) To keep such records as are necessary to set
2 forth clearly all acts and proceedings of the state board.
3 (4)(6) To have a seal for his or her office with
4 which, in connection with his or her own signature, the
5 commissioner shall authenticate true copies of decisions,
6 acts, or documents.
7 (5)(7) To assemble all data relative to the
8 preparation of the long-range plan for the development of the
9 state system of public education, taking into consideration
10 the contributions of all providers of education; to propose
11 for adoption by the State Board of Education such a plan; and
12 to propose revisions in the plan as may be necessary.
13 (6)(8) To recommend to the State Board of Education
14 policies and steps designed to protect and preserve the
15 principal of the State School Fund; to provide an assured and
16 stable income from the fund; to execute such policies and
17 actions as are approved; and to administer the State School
18 Fund.
19 (7)(9) To take action on the release of mineral rights
20 based upon the recommendations of the Board of Trustees of the
21 Internal Improvement Trust Fund.
22 (8)(10) To submit to the State Board of Education, on
23 or before August 1 of each year at least 30 days prior to the
24 date fixed herein, recommendations for a coordinated K-20
25 education budget that estimates the of expenditures for the
26 State Board of Education, including the Department of
27 Education, the Commissioner of Education, and all of the
28 boards, institutions, agencies, and services under the general
29 supervision of the State Board of Education for the ensuing
30 fiscal year. Any program recommended to the State Board of
31
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1 Education which will require increases in state funding for
2 more than 1 year must be presented in a multiyear budget plan.
3 (9)(11) To develop and implement a plan for
4 cooperating with the Federal Government in carrying out any or
5 all phases of the educational program and to recommend
6 policies for administering funds that are appropriated by
7 Congress and apportioned to the state for any or all
8 educational purposes.
9 (10)(12) To develop and implement policies for
10 cooperating with other public agencies in carrying out those
11 phases of the program in which such cooperation is required by
12 law or is deemed by the commissioner to be desirable and to
13 cooperate with public and nonpublic agencies in planning and
14 bringing about improvements in the educational program.
15 (11)(13) To prepare forms and procedures as are
16 necessary to be used by district school boards and all other
17 educational agencies to assure uniformity, accuracy, and
18 efficiency in the keeping of records, the execution of
19 contracts, the preparation of budgets, or the submission of
20 reports; to furnish at state expense, when deemed advisable by
21 the commissioner, those forms that can more economically and
22 efficiently be provided.
23 (12)(14) To implement a program of school improvement
24 and education accountability designed to provide all students
25 the opportunity to make adequate learning gains in each year
26 of school as provided by statute and State Board of Education
27 rule based upon the achievement of the state education goals,
28 recognizing the following:
29 (a) The State Board of Education as the body corporate
30 responsible for the supervision of the system of public
31 education;,
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1 (b) The school board as responsible for school and
2 student performance;, and
3 (c) The individual school as the unit for education
4 accountability.
5 (d) The community college board of trustees is
6 responsible for community college and student performance; and
7 (e) The university or college board of trustees is
8 responsible for university or college performance and student
9 performance.
10 (13)(15) To establish a Citizen Information Center
11 responsible for arrange for the preparation, publication, and
12 distribution of materials relating to the seamless K-20 state
13 system of public education which supply information concerning
14 needs, problems, plans, and possibilities.
15 (16)(a) To prepare and publish annually reports giving
16 statistics and other useful information pertaining to the
17 state system of public education; and
18 (14)(b) To prepare and publish annually reports giving
19 statistics and other useful information pertaining to the
20 Opportunity Scholarship Program.
21 (15)(17) To have printed copies of school laws, forms,
22 instruments, instructions, and regulations of the State Board
23 of Education and provide for their distribution.
24 (16)(18) To develop criteria for use by state
25 instructional materials committees in evaluating materials
26 submitted for adoption consideration. The criteria shall, as
27 appropriate, be based on instructional expectations reflected
28 in curriculum frameworks and student performance standards.
29 The criteria for each subject or course shall be made
30 available to publishers of instructional materials at least 24
31 months prior to the date on which bids are due as provided by
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1 s. 233.14, except as otherwise permitted under s. 233.17(2).
2 It is the intent of the Legislature that publishers have ample
3 time to develop instructional materials designed to meet
4 requirements in this state.
5 (17)(19) To prescribe procedures for evaluating
6 instructional materials submitted by publishers and
7 manufacturers in each adoption.
8
9 The commissioner's office shall operate all statewide
10 functions necessary to support the State Board of Education
11 and the K-20 education system, including strategic planning
12 and budget development, general administration, and assessment
13 and accountability.
14 Section 21. Section 229.513, Florida Statutes, is
15 repealed.
16 Section 22. Section 229.515, Florida Statutes, is
17 repealed.
18 Section 23. Section 229.516, Florida Statutes, is
19 created to read:
20 229.516 Commissioner of Education; other duties.--
21 (1) The Commissioner of Education must independently
22 perform the following duties:
23 (a) Cooperate with and coordinate responses to
24 requests from the members of the Legislature;
25 (b) Serve as the primary source of information to the
26 Legislature, including the President of the Senate and the
27 Speaker of the House of Representatives, concerning the State
28 Board of Education and the K-20 education system;
29 (c) Develop and implement a process for receiving and
30 processing requests, in conjunction with the Legislature, for
31
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1 the allocation of PECO funds for qualified postsecondary
2 education projects;
3 (d) Integrally work with the boards of trustees of the
4 universities, colleges, and community colleges;
5 (e) Monitor the activities of the State Board of
6 Education and provide information related to current and
7 pending policies to the members of the boards of trustees of
8 the community colleges and universities; and
9 (f) Ensure the timely provision of information
10 requested by the Legislature from the State Board of
11 Education, the Commissioner's office, and the Department of
12 Education.
13 (2)(a) The Commissioner of Education shall recommend
14 to the State Board of Education performance goals addressing
15 the educational needs of the state for the K-20 education
16 system. The Council for Education Policy Research and
17 Improvement, as an independent entity, shall develop a report
18 card assigning grades to indicate Florida's progress toward
19 meeting those goals. The annual report card shall contain
20 information showing Florida's performance relative to other
21 states on selected measures, as well as Florida's ability to
22 meet the need for postsecondary degrees and programs and how
23 well the Legislature has provided resources to meet this need.
24 The information shall include the results of the National
25 Assessment of Educational Progress or a similar national
26 assessment program administered to students in Florida. By
27 January 1 of each year, the Council for Education Policy
28 Research and Improvement shall submit the report card to the
29 Legislature, the Governor, and the public.
30 (b) Prior to the regular legislative session, the
31 Commissioner of Education shall present to the Legislature a
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1 plan for correcting any deficiencies identified in the report
2 card.
3 (3) Notwithstanding any other provision of law to the
4 contrary, the Commissioner of Education, in conjunction with
5 the Legislature, must recommend funding priorities for the
6 distribution of capital outlay funds for postsecondary
7 institutions, based on priorities that include, but are not
8 limited to, the following criteria:
9 (a) Growth at the institutions;
10 (b) Need for specific skills statewide; and
11 (c) Need for maintaining and repairing existing
12 facilities.
13 Section 24. Notwithstanding subsection (7) of section
14 3 of chapter 200-321, Laws of Florida, section 229.551,
15 Florida Statutes, is not repealed on January 7, 2003, as
16 provided in that act, but that section is reenacted and
17 amended to read:
18 229.551 Educational management.--
19 (1) The department is directed to identify all
20 functions which under the provisions of this act contribute
21 to, or comprise a part of, the state K-20 system of
22 educational accountability and to establish within the
23 department the necessary organizational structure, policies,
24 and procedures for effectively coordinating such functions.
25 Such policies and procedures shall clearly fix and delineate
26 responsibilities for various aspects of the system and for
27 overall coordination of the total system. The commissioner
28 shall perform the following duties and functions:
29 (a) Coordinate Coordination of department plans for
30 meeting educational needs and for improving the quality of
31 education provided by the state system of public education;
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1 (b) Coordinate Coordination of management information
2 system development for all levels of education and for all
3 divisions of the department, to include the development and
4 utilization of cooperative education computing networks for
5 the state system of public education;
6 (c) Develop Development of database definitions and
7 all other items necessary for full implementation of a
8 comprehensive management information system as required by s.
9 229.555;
10 (d) Coordinate Coordination of all planning functions
11 for all levels and divisions within the department;
12 (e) Coordinate Coordination of all cost accounting and
13 cost reporting activities for all levels of education,
14 including public schools, vocational programs, community
15 colleges, colleges, and universities and institutions in the
16 State University System;
17 (f) Develop Development and coordinate coordination of
18 a statewide common course designation and numbering system for
19 postsecondary and dual enrollment education in school
20 districts, community colleges, participating nonpublic
21 postsecondary education institutions, colleges, and state
22 universities the State University System which will improve
23 program planning, increase communication among all delivery
24 systems, and facilitate student acceleration and the transfer
25 of students. The system shall not encourage or require course
26 content prescription or standardization or uniform course
27 testing, and the continuing maintenance of the system shall be
28 accomplished by appropriate faculty committees representing
29 public and participating nonpublic institutions.
30 (g) Expand and maintain the statewide course numbering
31 system to include the numbering and designation of
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1 postsecondary vocational courses and facilitate the transfer
2 of credits between public schools, community colleges,
3 colleges, and state universities.
4 (h) Develop common definitions necessary for managing
5 a uniform coordinated system of career education for all
6 levels of the state system of public education.
7 (2) There is established an Articulation Coordinating
8 Committee whose mission is to ensure articulation and the
9 seamless integration of the K-20 education system by building
10 and sustaining relationships among K-20 public organizations,
11 between public and private organizations, and between the
12 educational system as a whole and communities in the state.
13 The purpose of building and sustaining these relationships is
14 to facilitate the efficient and effective movement of each
15 student among educational institutions and agencies and to
16 allow each student to achieve his or her educational
17 objectives as rapidly as his or her circumstances permit.
18 (3) The Articulation Coordinating Committee shall be
19 composed of the following 17 members appointed by the
20 commissioner:
21 (a) One member representing the nonpublic K-12
22 schools;
23 (b) One member representing home education programs;
24 (c) Two members representing the state universities;
25 (d) Two members representing the state community
26 colleges;
27 (e) Two members representing the public schools;
28 (f) Two members representing the nonpublic
29 postsecondary institutions;
30 (g) One member representing students;
31
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1 (h) One member representing the school district career
2 and technical centers;
3 (i) One member of the commissioner's staff, who shall
4 serve as the chairperson; and
5 (j) Four voting ex officio members as follows:
6 1. A representative for the Division of Colleges and
7 Universities;
8 2. A representative for the Division of Community
9 Colleges;
10 3. A representative for the Division of Public Schools
11 who is responsible for K-12 education; and
12 4. A representative for the Division of Public Schools
13 who is responsible for applied and career technical programs.
14 (4) The Articulation Coordinating Committee, whose
15 membership represents public and nonpublic institutions,
16 shall:
17 (a)1. Identify the highest demand degree programs
18 within the state universities University System.
19 (b)2. Conduct a study of courses offered by
20 universities and accepted for credit toward a degree. The
21 study shall identify courses designated as either general
22 education or required as a prerequisite for a degree. The
23 study shall also identify these courses as upper-division
24 level or lower-division level.
25 (c)3. Appoint faculty committees representing both
26 community college and university faculties to recommend a
27 single level for each course included in the statewide common
28 course numbering and designation system. Any course designated
29 as an upper-division level course must be characterized by a
30 need for advanced academic preparation and skills that a
31 student would be unlikely to achieve without significant prior
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1 coursework. A course that is offered as part of an associate
2 in science degree program and as an upper-division course for
3 a baccalaureate degree shall be designated for both the lower
4 and upper division. Of the courses required for each
5 baccalaureate degree, at least half of the credit hours
6 required for the degree shall be achievable through courses
7 designated as lower-division courses, except in degree
8 programs approved by the State Board of Education Regents
9 pursuant to s. 240.209(5)(e). A course designated as
10 lower-division may be offered by any community college. The
11 Articulation Coordinating Committee shall recommend to the
12 State Board of Education the levels for the courses. The
13 statewide common course numbering and designation system shall
14 include the courses at the recommended levels, and, by fall
15 semester of 1996, the registration process at each state
16 university, college, and community college shall include the
17 courses at their designated levels and common course numbers.
18 (d)4. Appoint faculty committees representing both
19 community college and university faculties to recommend those
20 courses identified to meet general education requirements
21 within the subject areas of communication, mathematics, social
22 sciences, humanities, and natural sciences. The Articulation
23 Coordinating Committee shall recommend to the State Board of
24 Education those courses identified to meet these general
25 education requirements by their common course code number. All
26 community colleges, colleges, and state universities shall
27 accept these general education courses.
28 (e)5. Appoint faculty committees representing both
29 community colleges, colleges, and universities to recommend
30 common prerequisite courses and identify course substitutions
31 when common prerequisites cannot be established for degree
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1 programs across all institutions. Faculty work groups shall
2 adopt a strategy for addressing significant differences in
3 prerequisites, including course substitutions. The State Board
4 of Education Regents shall be notified by the Articulation
5 Coordinating Committee when significant differences remain.
6 Common degree program prerequisites shall be offered and
7 accepted by all state universities, colleges, and community
8 colleges, except in cases approved by the State Board of
9 Education Regents pursuant to s. 240.209(5)(f). The
10 Commissioner Board of Regents shall work with the community
11 colleges, colleges and universities State Board of Community
12 Colleges on the development of a centralized database
13 containing the list of courses and course substitutions that
14 meet the prerequisite requirements for each baccalaureate
15 degree program.
16 (f)6. Appoint faculty committees representing public
17 school, community college, college, and university faculties
18 to identify postsecondary courses that meet the high school
19 graduation requirements of s. 232.246, and to establish the
20 number of postsecondary semester credit hours of instruction
21 and equivalent high school credits earned through dual
22 enrollment pursuant to s. 240.116 that are necessary to meet
23 high school graduation requirements. Such equivalencies shall
24 be determined solely on comparable course content and not on
25 seat time traditionally allocated to such courses in high
26 school. The Articulation Coordinating Committee shall
27 recommend to the State Board of Education those courses
28 identified to meet high school graduation requirements, based
29 on mastery of course outcomes, by their common course code
30 number, and all high schools shall accept these postsecondary
31
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1 education courses toward meeting the requirements of s.
2 232.246.
3 (5) The State Board of Education may adopt rules
4 providing for the Articulation Coordinating Committee to:
5 (a) Function as the statewide K-20 entity that is
6 responsible for relationships among the school districts,
7 community colleges, colleges, and universities, including:
8 1. Recommending to the commissioner plans for school
9 district articulation relationships with community colleges,
10 colleges, and universities; and
11 2. Coordinating cooperative plans required by s.
12 229.814(5).
13 (b) Recommend to the commissioner statewide
14 articulation accountability measures.
15 (c) Develop suggested guidelines for
16 interinstitutional agreements among schools, school districts,
17 community colleges, colleges, and universities to facilitate
18 interaction, articulation, acceleration, and the efficient use
19 of faculty, equipment, and facilities.
20 (d) Establish groups of representatives from
21 universities, colleges, community colleges, and school
22 districts to facilitate articulation in specific academic
23 subject areas.
24 (e) Conduct a continuing review of rules pertaining to
25 articulation.
26 (f) Review instances of student transfer and
27 admissions difficulties among universities, colleges,
28 community colleges, public schools, and independent
29 educational institutions.
30 (g) Recommend policies and procedures to improve
31 articulation statewide.
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1 (h) Recommend the priority to be given to research
2 conducted by the divisions of the Department of Education and
3 individual institutions and encourage this research to be
4 conducted in areas including admissions, grading practices,
5 curriculum design, and followup of transfer students.
6 (i) Review and make recommendations to institutions
7 for experimental programs that vary from official transfer
8 policy.
9 (j) Collect and disseminate information concerning
10 successful cooperative articulation programs.
11 (k) Perform any other duties as assigned by law or by
12 the commissioner.
13 (6)(g) Expansion and ongoing maintenance of the common
14 course designation and numbering system to include the
15 numbering and designation of postsecondary vocational courses
16 and facilitate the transfer of credits between public schools,
17 community colleges, and state universities. The Articulation
18 Coordinating Committee shall:
19 (a)1. Adopt guidelines for the participation of public
20 school districts and community colleges in offering courses
21 that may be transferred to a certificate, diploma, or degree
22 program. These guidelines shall establish standards addressing
23 faculty qualifications, admissions, program curricula,
24 participation in the statewide common course designation and
25 numbering system, and other issues identified by the Task
26 Force on Workforce Development and the Commissioner of
27 Education. Guidelines should also address the role of
28 accreditation in the designation of courses as transferable
29 credit. Such guidelines must not jeopardize the accreditation
30 status of educational institutions and must be based on data
31
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1 related to the history of credit transfer among institutions
2 in this state and others.
3 b.2. Identify postsecondary vocational programs
4 offered by community colleges and public school districts. The
5 list shall also identify vocational courses designated as
6 college credit courses applicable toward a vocational diploma
7 or degree. Such courses must be identified within the
8 statewide common course numbering and designation system.
9 (c)3. Appoint faculty committees representing both
10 community college and public school faculties to recommend a
11 standard program length and appropriate occupational
12 completion points for each postsecondary vocational
13 certificate program, diploma, and degree.; and
14 (h) Development of common definitions necessary for
15 managing a uniform coordinated system of career education for
16 all levels of the state system of public education.
17 (7)(2) It is the intent of the Legislature that the
18 commissioner, as appropriate, draw upon the expertise and the
19 staff of all appropriate departments and agencies of the state
20 in assuring that the system of educational accountability is
21 administered in the most effective and efficient manner
22 possible.
23 (8)(3) As a part of the system of educational
24 accountability, the department shall:
25 (a) Develop minimum performance standards for various
26 grades and subject areas, as required in ss. 229.565 and
27 229.57.
28 (b) Administer the statewide assessment testing
29 program created by s. 229.57.
30 (c) Review the school advisory councils of each
31 district as required by s. 229.58.
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1 (d) Conduct the program evaluations required by s.
2 229.565.
3 (e) Maintain a listing of college-level communication
4 and computation skills defined by the Articulation
5 Coordinating Committee as being associated with successful
6 student performance through the baccalaureate level and submit
7 the same to the State Board of Education for approval.
8 (f) Maintain a listing of tests and other assessment
9 procedures which measure and diagnose student achievement of
10 college-level communication and computation skills and submit
11 the same to the State Board of Education for approval.
12 (g) Maintain for the information of the State Board of
13 Education and the Legislature a file of data compiled by the
14 Articulation Coordinating Committee to reflect achievement of
15 college-level communication and computation competencies by
16 students in state universities and community colleges.
17 (h) Develop or contract for, and submit to the State
18 Board of Education for approval, tests which measure and
19 diagnose student achievement of college-level communication
20 and computation skills. Any tests and related documents
21 developed are exempt from the provisions of s. 119.07(1) and
22 s. 24(a), Art. I of the State Constitution. The commissioner
23 shall maintain statewide responsibility for the administration
24 of such tests and may assign administrative responsibilities
25 for the tests to any public university or community college.
26 The state board, upon recommendation of the commissioner, is
27 authorized to enter into contracts for such services beginning
28 in one fiscal year and continuing into the next year which are
29 paid from the appropriation for either or both fiscal years.
30 (i) Perform any other functions that may be involved
31 in educational planning, research, and evaluation or that may
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1 be required by the commissioner, the State Board of Education,
2 or law.
3 Section 25. Paragraph (c) is added to subsection (1)
4 of section 229.555, Florida Statutes, and subsection (2) of
5 that section is amended to read:
6 229.555 Educational planning and information
7 systems.--
8 (1) EDUCATIONAL PLANNING.--
9 (c) Each community college, college, and university
10 board of trustees shall maintain a continuing system of
11 planning and budgeting designed to aid in identifying and
12 meeting the educational needs of students and the public.
13 Provision must be made for coordination between institutions.
14 The major emphasis of the system must be upon institutionally
15 planned goals and objectives and the state plan for education.
16 The system must be structured to meet the specific management
17 needs of the institution and to align the budget adopted by
18 the board of trustees with the plan the board has also
19 adopted.
20 (2) COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The
21 commissioner shall develop and implement an integrated K-20
22 information system for educational management. The system must
23 be designed to collect, via electronic transfer, all student
24 and school performance data required to ascertain the degree
25 to which schools, and school districts, and postsecondary
26 institutions are meeting state performance standards. The
27 system, and must be capable of producing data for a
28 comprehensive annual reports report on school and district
29 performance. In addition, the system shall support, as
30 feasible, the management decisions to be made in each division
31 of the department and at the individual school, and district,
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1 and institution levels. Similar data elements among divisions
2 and levels shall be compatible. The system shall be based on
3 an overall conceptual design; the information needed for such
4 decisions, including fiscal, student, program, personnel,
5 facility, community, evaluation, and other relevant data; and
6 the relationship between cost and effectiveness. The system
7 shall be managed and administered by the commissioner and
8 shall include a district subsystem component to be
9 administered at the district level, with input from the
10 district reports-and-forms control management committees.
11 Each district school system, community college, college, and
12 university with a unique management information system shall
13 assure that compatibility exists between its unique system and
14 the district component of the state system so that all data
15 required as input to the state system is made available via
16 electronic transfer and in the appropriate input format.
17 (a) The specific responsibilities of the commissioner
18 shall include:
19 1. Consulting with school district, community college,
20 college, and university representatives in the development of
21 the system design model, data warehouse, and implementation
22 plans for the management information system for public school
23 education management;
24 2. Providing operational definitions for the proposed
25 system;
26 3. Determining the information and specific data
27 elements required for the management decisions made at each
28 educational level, recognizing that the primary unit for
29 information input is the individual school and recognizing
30 that time and effort of instructional personnel expended in
31 collection and compilation of data should be minimized;
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1 4. Developing standardized terminology and procedures
2 to be followed at all levels of the system;
3 5. Developing a standard transmittal format to be used
4 for collection of data from the various levels of the system;
5 6. Developing appropriate computer programs to assure
6 integration of the various information components dealing with
7 students, personnel, facilities, fiscal, program, community,
8 and evaluation data;
9 7. Developing the necessary programs to provide
10 statistical analysis of the integrated data provided in
11 subparagraph 6. in such a way that required reports may be
12 disseminated, comparisons may be made, and relationships may
13 be determined in order to provide the necessary information
14 for making management decisions at all levels;
15 8. Developing output report formats which will provide
16 district school systems with information for making management
17 decisions at the various educational levels;
18 9. Developing a phased plan for distributing computer
19 services equitably among all public education systems schools
20 and school districts in the state as rapidly as possible. The
21 plan shall describe alternatives available to the state in
22 providing such computing services and shall contain estimates
23 of the cost of each alternative, together with a
24 recommendation for action. In developing the plan, the
25 feasibility of shared use of computing hardware and software
26 by school districts, community colleges, colleges, and
27 universities shall be examined. Laws or administrative rules
28 regulating procurement of data processing equipment,
29 communication services, or data processing services by state
30 agencies shall not be construed to apply to local agencies
31 which share computing facilities with state agencies;
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1 10. Assisting the district school systems in
2 establishing their subsystem components and assuring
3 compatibility with current district systems;
4 11. Establishing procedures for continuous evaluation
5 of system efficiency and effectiveness;
6 12. Initiating a reports-management and
7 forms-management system to ascertain that duplication in
8 collection of data does not exist and that forms and reports
9 for reporting under state and federal requirements and other
10 forms and reports are prepared in a logical and uncomplicated
11 format, resulting in a reduction in the number and complexity
12 of required reports, particularly at the school level; and
13 13. Initiating such other actions as are necessary to
14 carry out the intent of the Legislature that a management
15 information system for public education school management
16 needs be implemented. Such other actions shall be based on
17 criteria including, but not limited to:
18 a. The purpose of the reporting requirement;
19 b. The origination of the reporting requirement;
20 c. The date of origin of the reporting requirement;
21 and
22 d. The date of repeal of the reporting requirement.
23 (b) The specific responsibilities of each district
24 school system shall include:
25 1. Establishing, at the district level, a
26 reports-control and forms-control management system committee
27 composed of school administrators and classroom teachers. The
28 district school board shall appoint school administrator
29 members and classroom teacher members; or, in school districts
30 where appropriate, the classroom teacher members shall be
31 appointed by the bargaining agent. Teachers shall constitute a
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1 majority of the committee membership. The committee shall
2 periodically recommend procedures to the district school board
3 for eliminating, reducing, revising, and consolidating
4 paperwork and data collection requirements and shall submit to
5 the district school board an annual report of its findings.
6 2. With assistance from the commissioner, developing
7 systems compatibility between the state management information
8 system and unique local systems.
9 3. Providing, with the assistance of the department,
10 inservice training dealing with management information system
11 purposes and scope, a method of transmitting input data, and
12 the use of output report information.
13 4. Establishing a plan for continuous review and
14 evaluation of local management information system needs and
15 procedures.
16 5. Advising the commissioner of all district
17 management information needs.
18 6. Transmitting required data input elements to the
19 appropriate processing locations in accordance with guidelines
20 established by the commissioner.
21 7. Determining required reports, comparisons, and
22 relationships to be provided to district school systems by the
23 system output reports, continuously reviewing these reports
24 for usefulness and meaningfulness, and submitting recommended
25 additions, deletions, and change requirements in accordance
26 with the guidelines established by the commissioner.
27 8. Being responsible for the accuracy of all data
28 elements transmitted to the department.
29 (c) It is the intent of the Legislature that the
30 expertise in the state system of public education, as well as
31 contracted services, be utilized to hasten the plan for full
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1 implementation of a comprehensive management information
2 system.
3 Section 26. Subsection (2) of section 229.565, Florida
4 Statutes, is amended to read:
5 229.565 Educational evaluation procedures.--
6 (2) EDUCATION EVALUATION.--The Commissioner of
7 Education, or the Auditor General as provided in paragraph
8 (a), shall periodically examine and evaluate procedures,
9 records, and programs in each district to determine compliance
10 with law and rules established by the state board, or by the
11 Commissioner of Education, and in each correctional
12 institution operated by the Department of Corrections to
13 determine compliance with law and rules established by the
14 Department of Corrections for the Correctional Education
15 Program pursuant to s. 944.801. Such evaluations must include,
16 but need not be limited to:
17 (a) Reported full-time equivalent membership in each
18 program category. This evaluation must be conducted by the
19 Auditor General for the Florida Education Finance Program
20 full-time enrollment verification function.
21 (b) The organization of all special programs to ensure
22 compliance with law and the criteria established and approved
23 by the state board pursuant to the provisions of this section
24 and s. 230.23(4)(m).
25 (c) The procedures for identification and placement of
26 students in educational alternative programs for students who
27 are disruptive or unsuccessful in a normal school environment
28 and for diagnosis and placement of students in special
29 programs for exceptional students, to determine that the
30 district is following the criteria for placement established
31 by rules of the state board and of the Commissioner of
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1 Education and the procedures for placement established by that
2 district school board and by the Commissioner of Education.
3 (d) An evaluation of the standards by which the school
4 district evaluates basic and special programs for quality,
5 efficiency, and effectiveness.
6 (e) Determination of the ratio of administrators to
7 teachers in each school district.
8 (f) Compliance with the cost accounting and reporting
9 requirements of s. 237.34 and the extent to which the
10 percentage expenditure requirements therein are being met.
11 (g) Clearly defined data collection and documentation
12 requirements, including specifications of which records and
13 information need to be kept and how long the records need to
14 be retained. The information and documentation needs for
15 evaluation must be presented to the school districts and
16 explained well in advance of the actual audit date.
17 (h) Determination of school district achievement in
18 meeting the performance standards specified in s. 232.2454.
19 Section 27. Paragraph (c) of subsection (3) and
20 subsections (8) and (16) of section 229.57, Florida Statutes,
21 are amended to read:
22 229.57 Student assessment program.--
23 (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner
24 shall design and implement a statewide program of educational
25 assessment that provides information for the improvement of
26 the operation and management of the public schools, including
27 schools operating for the purpose of providing educational
28 services to youth in Department of Juvenile Justice programs.
29 Pursuant to the statewide assessment program, the commissioner
30 shall:
31
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1 (c) Develop and implement a student achievement
2 testing program as part of the statewide assessment program,
3 to be administered annually in grades 3 through 10 to measure
4 reading, writing, science, and mathematics. The testing
5 program must be designed so that:
6 1. The tests measure student skills and competencies
7 adopted by the state board as specified in paragraph (a). The
8 tests must measure and report student proficiency levels in
9 reading, writing, and mathematics. Science proficiency must be
10 measured statewide beginning in 2003. Other content areas may
11 be included as directed by the commissioner. The commissioner
12 shall provide for the tests to be developed or obtained, as
13 appropriate, through contracts and project agreements with
14 private vendors, public vendors, public agencies,
15 postsecondary institutions, or school districts. The
16 commissioner shall obtain input with respect to the design and
17 implementation of the testing program from state educators and
18 the public.
19 2. The tests are a combination of norm-referenced and
20 criterion-referenced and include, to the extent determined by
21 the commissioner, items that require the student to produce
22 information or perform tasks in such a way that the skills and
23 competencies he or she uses can be measured.
24 3. Each testing program, whether at the elementary,
25 middle, or high school level, includes a test of writing in
26 which students are required to produce writings which are then
27 scored by appropriate methods.
28 4. A score is designated for each subject area tested,
29 below which score a student's performance is deemed
30 inadequate. The school districts shall provide appropriate
31 remedial instruction to students who score below these levels.
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1 5. Except as provided in subparagraph 6., all 11th
2 grade students take a high school competency test developed by
3 the state board to test minimum student performance skills and
4 competencies in reading, writing, and mathematics. The test
5 must be based on the skills and competencies adopted by the
6 state board pursuant to paragraph (a). Upon recommendation of
7 the commissioner, the state board shall designate a passing
8 score for each part of the high school competency test. In
9 establishing passing scores, the state board shall consider
10 any possible negative impact of the test on minority students.
11 The commissioner may establish criteria whereby a student who
12 successfully demonstrates proficiency in either reading or
13 mathematics or both may be exempted from taking the
14 corresponding section of the high school competency test or
15 the college placement test. A student must earn a passing
16 score or have been exempted from each part of the high school
17 competency test in order to qualify for a regular high school
18 diploma. The school districts shall provide appropriate
19 remedial instruction to students who do not pass part of the
20 competency test.
21 5.6. Students who enroll in grade 9 in the fall of
22 1999 and thereafter must earn a passing score on the grade 10
23 assessment test described in this paragraph instead of the
24 high school competency test described in subparagraph 5. Such
25 Students must earn a passing score on the grade 10 assessment
26 test in reading, writing, and mathematics to qualify for a
27 regular high school diploma. Upon recommendation of the
28 commissioner, the state board shall designate a passing score
29 for each part of the grade 10 assessment test. In establishing
30 passing scores, the state board shall consider any possible
31 negative impact of the test on minority students.
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1 6.7. Participation in the testing program is mandatory
2 for all students, including students served in Department of
3 Juvenile Justice programs, except as otherwise prescribed by
4 the commissioner. The commissioner shall recommend rules to
5 the state board for the provision of test adaptations and
6 modifications of procedures as necessary for students in
7 exceptional education programs and for students who have
8 limited English proficiency. The Governor shall convene a
9 validity panel to make comprehensive recommendations on the
10 impacts of specific accommodations on statewide assessments to
11 the Florida Board of Education by October 1, 2002. These
12 recommendations must be based on an evaluation and analysis of
13 the types of accommodations that are used for instructional
14 purposes as identified in the student's Individual Education
15 Plan or 504 plan. The recommendations must include a review of
16 the impact of these accommodations on the validity of the
17 statewide assessments and must be based on proven research and
18 evidence. The panel shall consist of 11 members appointed by
19 the Governor, and shall include 3 advocates, 3 parents of
20 students with disabilities, 3 professional educators with
21 expertise in programs for students with disabilities, and 2
22 assessment and testing experts. Based on the recommendations
23 by the panel, the Florida Board of Education shall develop a
24 list of specific accommodations scientifically determined to
25 have a negative impact on the validity of statewide
26 assessments. The determinations must be made by February 1,
27 2003.
28 7.8. A student seeking an adult high school diploma
29 must meet the same testing requirements that a regular high
30 school student must meet.
31
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1 8.9. School districts must provide instruction to
2 prepare students to demonstrate proficiency in the skills and
3 competencies necessary for successful grade-to-grade
4 progression and high school graduation. The commissioner shall
5 conduct studies as necessary to verify that the required
6 skills and competencies are part of the district instructional
7 programs.
8 9.10. By January 1, 2000, the Department of Education
9 must develop, or select, and implement a common battery of
10 assessment tools which will be used in all juvenile justice
11 programs in the state. These tools must accurately reflect
12 criteria established in the Florida Sunshine State Standards.
13
14 The commissioner may design and implement student testing
15 programs for any grade level and subject area, based on
16 procedures designated by the commissioner to monitor
17 educational achievement in the state.
18 (8) DESIGNATION OF SCHOOL PERFORMANCE GRADE
19 CATEGORIES.--School performance grade category designations
20 itemized in subsection (7) shall be based on the following:
21 (a) Criteria Timeframes.--
22 1. School performance grade category designations
23 shall be based on the school's current year performance and
24 the school's annual learning gains.
25 2. In the 2000-2001 school year, a school's
26 performance grade category designation shall be based on a
27 combination of student achievement scores as measured by the
28 FCAT, on the degree of measured learning gains of the
29 students, and on other appropriate performance data,
30 including, but not limited to, dropout rate and student
31 readiness for college.
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1 3. Beginning with the 2001-2002 school year and
2 thereafter, A school's performance grade category designation
3 shall be based on a combination of student achievement scores,
4 student learning gains as measured by annual FCAT assessments
5 in grades 3 through 10, and improvement of the lowest 25th
6 percentile of students in the school in reading, math, or
7 writing on the FCAT, including Florida Writes, unless these
8 students are performing above satisfactory performance.
9 (b) Student assessment data.--Student assessment data
10 used in determining school performance grade categories shall
11 include:
12 1. The aggregate scores of all eligible students
13 enrolled in the school who have been assessed on the FCAT.
14 2. The aggregate scores of all eligible students
15 enrolled in the school who have been assessed on the FCAT,
16 including Florida Writes, and who have scored at or in the
17 lowest 25th percentile of students in the school in reading,
18 math, or writing, unless these students are performing above
19 satisfactory performance.
20
21 The Department of Education shall study the effects of
22 mobility on the performance of highly mobile students and
23 recommend programs to improve the performance of such
24 students. The state board shall adopt appropriate criteria for
25 each school performance grade category. The criteria must also
26 give added weight to student achievement in reading. Schools
27 designated as performance grade category "C," making
28 satisfactory progress, shall be required to demonstrate that
29 adequate progress has been made by students in the school who
30 are in the lowest 25th percentile in reading, math, or writing
31
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1 on the FCAT, including Florida Writes, unless these students
2 are performing above satisfactory performance.
3 (16) DISTRICT PERFORMANCE GRADE.--Beginning with the
4 2000-2001 school year's student and school performance data,
5 The annual report required by subsection (6) shall include
6 district performance grades, which shall consist of weighted
7 district average grades, by level, for all elementary schools,
8 middle schools, and high schools in the district. A district's
9 weighted average grade shall be calculated by weighting
10 individual school grades determined pursuant to subsection (7)
11 by school enrollment.
12 Section 28. Section 229.5701, Florida Statutes, is
13 repealed.
14 Section 29. Subsection (1) of section 229.59, Florida
15 Statutes, is amended to read:
16 229.59 Educational improvement projects.--
17 (1) Pursuant to rules adopted by the State Board
18 Commissioner of Education, each district school board, or each
19 principal through the district school board, may submit to the
20 commissioner for approval a proposal for implementing an
21 educational improvement project. Such proposals shall be
22 developed with the assistance of district and school advisory
23 councils and may address any or all of the following areas:
24 (a) The improvement of school management;
25 (b) The improvement of the district and school
26 advisory councils;
27 (c) School volunteers;
28 (d) The professional development of teachers;
29 (e) The restructuring of educational programs to meet
30 the needs of diverse students; and
31 (f) Global awareness.
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1
2 Such projects may also address any other educational area
3 which would be improved through the encouragement of closer
4 working relationships among the school principal, the
5 teachers, and the parents and other members of the community.
6 Priority shall be given to proposals which provide for the
7 inclusion of existing resources, such as district educational
8 training funds, in the implementation of an educational
9 improvement project.
10 Section 30. Notwithstanding subsection (7) of section
11 3 of chapter 2000-321, Laws of Florida, section 229.592, is
12 not repealed on January 7, 2003, as provided in that act, but
13 that section is reenacted and amended to read:
14 229.592 Implementation of state system of school
15 improvement and education accountability.--
16 (1) DEVELOPMENT.--It is the intent of the Legislature
17 that every public school in the state, including schools
18 operating for the purpose of providing educational services to
19 youth in Department of Juvenile Justice programs, shall have a
20 school improvement plan, as required by s. 230.23(16).
21 Vocational standards considered pursuant to s. 239.229 shall
22 be incorporated into the school improvement plan for each area
23 technical center operated by a school board, and area
24 technical centers shall prepare school report cards
25 incorporating such standards, pursuant to s. 230.23(16). In
26 order to accomplish this, the Commissioner of Education and
27 the school districts and schools shall carry out the duties
28 assigned to them by s. 230.23(16).
29 (2) COMMISSIONER.--The commissioner shall be
30 responsible for implementing and maintaining a system of
31 intensive school improvement and stringent education
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1 accountability, which shall include policies and programs to
2 implement the following:
3 (a) A system of data collection and analysis that will
4 improve information about the educational success of
5 individual students and schools, including schools operating
6 for the purpose of providing educational services to youth in
7 Department of Juvenile Justice programs. The information and
8 analyses must be capable of identifying educational programs
9 or activities in need of improvement, and reports prepared
10 pursuant to this paragraph shall be distributed to the
11 appropriate school boards prior to distribution to the general
12 public. This provision shall not preclude access to public
13 records as provided in chapter 119.
14 (b) A program of school improvement that will analyze
15 information to identify schools, including schools operating
16 for the purpose of providing educational services to youth in
17 Department of Juvenile Justice programs, educational programs,
18 or educational activities in need of improvement.
19 (c) A method of delivering services to assist school
20 districts and schools to improve, including schools operating
21 for the purpose of providing educational services to youth in
22 Department of Juvenile Justice programs.
23 (d) A method of coordinating with the state
24 educational goals and school improvement plans any other state
25 program that creates incentives for school improvement.
26 (3) The commissioner shall be held responsible for the
27 implementation and maintenance of the system of school
28 improvement and education accountability outlined in this
29 section. There shall be an annual determination of whether
30 adequate progress is being made toward implementing and
31
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1 maintaining a system of school improvement and education
2 accountability.
3 (4) The annual feedback report shall be developed by
4 the Department of Education.
5 (5) The commissioner shall review each school board's
6 feedback report and submit findings to the State Board of
7 Education. If adequate progress is not being made toward
8 implementing and maintaining a system of school improvement
9 and education accountability, the State Board of Education
10 shall direct the commissioner to prepare and implement a
11 corrective action plan. The commissioner and State Board of
12 Education shall monitor the development and implementation of
13 the corrective action plan.
14 (6) The commissioner shall report to the Legislature
15 and recommend changes in state policy necessary to foster
16 school improvement and education accountability. Included in
17 the report shall be a list of the schools, including schools
18 operating for the purpose of providing educational services to
19 youth in Department of Juvenile Justice programs, for which
20 school boards have developed assistance and intervention plans
21 and an analysis of the various strategies used by the school
22 boards. School reports shall be distributed pursuant to this
23 subsection and s. 230.23(16)(e) according to guidelines
24 adopted by the State Board of Education.
25 (7) DEPARTMENT.--
26 (a) The Department of Education shall implement a
27 training program to develop among state and district educators
28 a cadre of facilitators of school improvement. These
29 facilitators shall assist schools and districts to conduct
30 needs assessments and develop and implement school improvement
31 plans to meet state goals.
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1 (b) Upon request, the department shall provide
2 technical assistance and training to any school, including any
3 school operating for the purpose of providing educational
4 services to youth in Department of Juvenile Justice programs,
5 school advisory council, district, or school board for
6 conducting needs assessments, developing and implementing
7 school improvement plans, developing and implementing
8 assistance and intervention plans, or implementing other
9 components of school improvement and accountability. Priority
10 for these services shall be given to schools designated as
11 performance grade category "D" or "F" and school districts in
12 rural and sparsely populated areas of the state.
13 (c) Pursuant to s. 24.121(5)(d), the department shall
14 not release funds from the Educational Enhancement Trust Fund
15 to any district in which a school, including schools operating
16 for the purpose of providing educational services to youth in
17 Department of Juvenile Justice programs, does not have an
18 approved school improvement plan, pursuant to s. 230.23(16),
19 after 1 full school year of planning and development, or does
20 not comply with school advisory council membership composition
21 requirements pursuant to s. 229.58(1). The department shall
22 send a technical assistance team to each school without an
23 approved plan to develop such school improvement plan or to
24 each school without appropriate school advisory council
25 membership composition to develop a strategy for corrective
26 action. The department shall release the funds upon approval
27 of the plan or upon establishment of a plan of corrective
28 action. Notice shall be given to the public of the
29 department's intervention and shall identify each school
30 without a plan or without appropriate school advisory council
31 membership composition.
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1 (d) The department shall assign a community assessment
2 team to each school district with a school designated as
3 performance grade category "D" or "F" to review the school
4 performance data and determine causes for the low performance.
5 The team shall make recommendations to the school board, to
6 the department, and to the State Board of Education for
7 implementing an assistance and intervention plan that will
8 address the causes of the school's low performance. The
9 assessment team shall include, but not be limited to, a
10 department representative, parents, business representatives,
11 educators, and community activists, and shall represent the
12 demographics of the community from which they are appointed.
13 (8) STATE BOARD.--The State Board of Education shall
14 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
15 a state system of school improvement and education
16 accountability and shall specify required annual reports by
17 schools and school districts.
18 (9) EXCEPTIONS TO STATE BOARD OF EDUCATION RULES
19 LAW.--To facilitate innovative practices and to allow local
20 selection of educational methods, the State Board of Education
21 may authorize the commissioner to may waive, upon the request
22 of a school board, State Board of Education rules requirements
23 of chapters 230-239 of the Florida School Code that relate to
24 instruction and school operations, except those rules
25 pertaining to civil rights, and student health, safety, and
26 welfare. The Commissioner of Education is not authorized to
27 grant waivers for any provisions in rule of law pertaining to
28 the allocation and appropriation of state and local funds for
29 public education; the election, compensation, and organization
30 of school board members and superintendents; graduation and
31 state accountability standards; financial reporting
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1 requirements; reporting of out-of-field teaching assignments
2 under s. 231.095; public meetings; public records; or due
3 process hearings governed by chapter 120. Prior to approval,
4 the commissioner shall report pending waiver requests to the
5 state board on a monthly basis, and shall, upon request of any
6 state board member, bring a waiver request to the state board
7 for consideration. If, within 2 weeks of receiving the report,
8 no member requests that a waiver be considered by the state
9 board, the commissioner may act on the original waiver
10 request. No later than January 1 of each year, the
11 commissioner shall report to the President and Minority Leader
12 of the Senate, and the Speaker and Minority Leader of the
13 House of Representatives, and the State Board of Education all
14 approved waiver requests in the preceding year.
15 (a) Graduation requirements in s. 232.246 must be met
16 by demonstrating performance of intended outcomes for any
17 course in the Course Code Directory unless a waiver is
18 approved by the commissioner. In developing procedures for
19 awarding credits based on performance outcomes, districts may
20 request waivers from State Board of Education rules relating
21 to curriculum frameworks and credits for courses and programs
22 in the Course Code Directory. Credit awarded for a course or
23 program beyond that allowed by the Course Code Directory
24 counts as credit for electives. Upon request by any school
25 district, the commissioner shall evaluate and establish
26 procedures for variations in academic credits awarded toward
27 graduation by a high school offering six periods per day
28 compared to those awarded by high schools operating on other
29 schedules.
30
31
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1 1. A school board may originate a request for waiver
2 and submit the request to the commissioner if such a waiver is
3 required to implement districtwide improvements.
4 2. A school board may submit a request to the
5 commissioner for a waiver if such request is presented to the
6 school board by a school advisory council established pursuant
7 to s. 229.58 and if such a waiver is required to implement a
8 school improvement plan required by s. 230.23(16). The school
9 board shall report annually to the Commissioner of Education,
10 in conjunction with the feedback report required pursuant to
11 this section, the number of waivers requested by school
12 advisory councils, the number of such waiver requests approved
13 and submitted to the commissioner, and the number of such
14 waiver requests not approved and not submitted to the
15 commissioner. For each waiver request not approved, the school
16 board shall report the statute or rule for which the waiver
17 was requested, the rationale for the school advisory council
18 request, and the reason the request was not approved.
19 3. When approved by the commissioner, a waiver
20 requested under this paragraph is effective for a 5-year
21 period.
22 (b) Notwithstanding the provisions of chapter 120 and
23 for the purpose of implementing this subsection, the
24 commissioner may waive State Board of Education rules if the
25 school board has submitted a written request to the
26 commissioner for approval pursuant to this subsection.
27 (c) The written request for waiver of statute or rule
28 must indicate at least how granting the waiver will assist
29 schools in improving student outcomes related to the student
30 performance standards adopted by the state board, and how
31 student improvement will be evaluated and reported. The
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1 commissioner shall not grant any waiver that would impair the
2 protection of the health, safety, welfare, or civil rights of
3 the students or the protection of the public interest.
4 (d) Upon denying a request for a waiver, the
5 commissioner must state with particularity the grounds or
6 basis for the denial. The commissioner shall report the
7 specific statutes and rules for which waivers are requested
8 and the number and disposition of such requests to the
9 Legislature and the State Board of Education for use in
10 determining which statutes and rules stand in the way of
11 school improvement.
12 (10) EXCEPTIONS TO LAW.--
13 (a)(e)1. Schools designated in performance grade
14 category "A," making excellent progress, shall, if requested
15 by the school, be given deregulated status as specified in s.
16 228.0565(5), (7), (8), (9), and (10).
17 (b)2. Schools that have improved at least two
18 performance grade categories and that meet the criteria of the
19 Florida School Recognition Program pursuant to s. 231.2905 may
20 be given deregulated status as specified in s. 228.0565(5),
21 (7), (8), (9), and (10).
22 Section 31. Section 229.601, Florida Statutes, is
23 repealed.
24 Section 32. Subsection (4) of section 229.602, Florida
25 Statutes, is amended to read:
26 229.602 Florida private sector and education
27 partnerships.--
28 (4) Beginning January 1, 1989, The commissioner shall
29 make an annual report to the Legislature within 60 days prior
30 to the beginning of the regular legislative session. The
31 report shall include:
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1 (a) A summary of the status of private sector and
2 education partnership programs including the Florida public
3 schools challenge grants program and other grant programs.
4 (b) Recommendations to improve the efficiency and
5 promote the growth of private sector and education
6 partnerships.
7 Section 33. Section 229.604, Florida Statutes, is
8 transferred and renumbered as section 231.425, Florida
9 Statutes.
10 Section 34. Section 229.6041, Florida Statutes, is
11 transferred and renumbered as section 231.426, Florida
12 Statutes.
13 Section 35. Section 229.6042, Florida Statutes, is
14 transferred and renumbered as section 231.427, Florida
15 Statutes.
16 Section 36. Section 229.6043, Florida Statutes, is
17 transferred and renumbered as section 231.428, Florida
18 Statutes.
19 Section 37. Subsections (3) and (5) of section
20 229.805, Florida Statutes, are amended to read:
21 229.805 Educational television.--
22 (3) POWERS OF DEPARTMENT OF EDUCATION.--
23 (a) The Department of Education is authorized to
24 encourage:
25 1. The extension of educational television network
26 facilities;
27 2. The coordination of Florida's educational
28 television with that of other states and with the Federal
29 Government; and
30 3. The further development of educational television
31 within the state.
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1 (b) The department shall provide through educational
2 television and other electronic media a means of extending
3 educational services to all the state system of public
4 education, except the State University System as defined in s.
5 240.2011, which provision by the department shall be limited
6 by paragraph (c) and by s. 229.8051(1). The department shall
7 recommend to the State Board Commissioner of Education rules
8 and regulations necessary to provide such services.
9 (c) The department is authorized to provide equipment,
10 funds, and other services to extend and update both the
11 existing and the proposed educational television and radio
12 systems of tax-supported and nonprofit, corporate-owned
13 facilities. All stations funded must be qualified by the
14 Corporation for Public Broadcasting. New stations eligible
15 for funding shall provide a first service to an audience that
16 is not currently receiving a broadcast signal or provide a
17 significant new program service as defined by State Board
18 Commissioner of Education rules. Funds appropriated to the
19 department for educational television and funds appropriated
20 to the department for educational radio may be used by the
21 department for either educational television or educational
22 radio, or for both.
23 (5) DUTY OF DEPARTMENT OF EDUCATION.--The Department
24 of Education is responsible for identifying the needs of the
25 state system of public education as they relate to the
26 development and production of materials used in instruction.
27 When such identified needs are considered to be best satisfied
28 by the production of new materials, the department may
29 commission or contract for the production of such materials.
30 The State Board Commissioner of Education shall adopt and
31
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1 prescribe rules and regulations for the proper enforcement and
2 carrying out of these provisions.
3 Section 38. Subsections (1) and (3) of section
4 229.8051, Florida Statutes, are amended to read:
5 229.8051 Public broadcasting program system.--
6 (1) There is created a public broadcasting program
7 system for the state. The Department of Education shall
8 administer this program system pursuant to policies adopted by
9 the State Board Commissioner of Education. This program system
10 must complement and share resources with the instructional
11 programming service of the Department of Education and
12 educational UHF, VHF, ITFS, and FM stations in the state. The
13 program system must include:
14 (a) Support for existing Corporation for Public
15 Broadcasting qualified program system educational radio and
16 television stations and new stations meeting Corporation for
17 Public Broadcasting qualifications and providing a first
18 service to an audience that does not currently receive a
19 broadcast signal or providing a significant new program
20 service as defined by rule by the State Board Commissioner of
21 Education.
22 (b) Maintenance of quality broadcast capability for
23 educational stations that are part of the program system.
24 (c) Interconnection of all educational stations that
25 are part of the program system for simultaneous broadcast and
26 of such stations with all universities and other institutions
27 as necessary for sharing of resources and delivery of
28 programming.
29 (d) Establishment and maintenance of a capability for
30 statewide program distribution with facilities and staff,
31 provided such facilities and staff complement and strengthen
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1 existing or future educational television and radio stations
2 in accordance with paragraph (a) and s. 229.805(3)(c).
3 (e) Provision of both statewide programming funds and
4 station programming support for educational television and
5 educational radio to meet statewide priorities. Priorities for
6 station programming need not be the same as priorities for
7 programming to be used statewide. Station programming may
8 include, but shall not be limited to, citizens' participation
9 programs, music and fine arts programs, coverage of public
10 hearings and governmental meetings, equal air time for
11 political candidates, and other public interest programming.
12 (3) The State Board Commissioner of Education shall
13 adopt rules for the proper enforcement and carrying out of
14 these provisions.
15 Section 39. Section 229.8076, Florida Statutes, is
16 created to read:
17 229.8076 Office of Nonpublic Schools and Home
18 Education Programs.--
19 (1) The state recognizes the contributions of
20 nonpublic schools and home education programs in providing
21 alternatives to public school education. These nongovernmental
22 educational systems serve the public, but are not considered
23 to be a part of the public system of education.
24 (a) The Office of Nonpublic Schools and Home Education
25 Programs is established within the Department of Education.
26 The Department of Education and the Commissioner of Education
27 have no authority over the institutions or students served by
28 the office. The office shall:
29 1. Serve the interests of students and the parents of
30 students in nonpublic schools and home education programs;
31 2. Serve the interests of nonpublic institutions; and
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1 3. Provide general information to the public about
2 nonpublic and home education delivery systems.
3 (b) The Commissioner of Education shall appoint an
4 executive director for the office who shall:
5 1. Serve as a source of communication between
6 nonpublic schools, home education programs, the Commissioner
7 of Education, and the State Board of Education.
8 2. Evaluate pending policy to ensure that the policy
9 does not subject nonpublic schools and home education programs
10 to additional regulation or mandates;
11 3. Establish a clearinghouse of information for the
12 public;
13 4. Foster a collaborative spirit and working
14 relationship among nonpublic schools, home education programs,
15 and the public sector; and
16 5. Identify and convey the best practices of nonpublic
17 schools and home education programs for the benefit of the
18 public and nonpublic education delivery sectors.
19 Section 40. Section 229.8333, Florida Statutes, is
20 amended to read:
21 229.8333 School-Related Employee of the Year Program;
22 duties of State Board Department of Education.--The State
23 Board Department of Education shall, by rule, provide for a
24 School-Related Employee of the Year Program. In addition to
25 any other provision, the board department shall include in
26 such rules that:
27 (1) The program shall apply to school-related
28 employees.
29 (2) The program shall be modeled after the Teacher of
30 the Year Program.
31
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1 (3) One school-related employee of the year shall be
2 nominated by each district school board in the state.
3 (4) A selection process shall be instituted to select
4 the school-related employee of the year so that the top five
5 finalists receive awards under the program.
6 Section 41. Notwithstanding subsection (7) of section
7 3 of chapter 2000-321, Laws of Florida, section 229.8341,
8 Florida Statutes, is not repealed on January 7, 2003, as
9 provided in that act, but that section is reenacted to read:
10 229.8341 Services for infants and preschool
11 children.--
12 (1) Diagnostic and learning resource centers are
13 authorized to assist districts in providing testing and
14 evaluation services for high-risk or handicapped infants and
15 preschool children.
16 (2) Such centers are authorized to assist districts in
17 providing interdisciplinary training and resources to parents
18 of high-risk or handicapped infants and preschool children and
19 to day care and preschool programs.
20 Section 42. Section 229.8343, Florida Statutes, is
21 repealed.
22 Section 43. Section 233.015, Florida Statutes, is
23 amended to read:
24 233.015 Purge of listed courses not taught for 5
25 years; rules.--The State Board Commissioner of Education shall
26 adopt rules that provide for the conduct of regularly
27 scheduled purges of courses that are listed in the statewide
28 course numbering system or institutional catalog but have not
29 been taught at the institution for the preceding 5 years.
30 These rules must include waiver provisions that allow course
31 continuation if an institution has reasonable cause for having
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1 not offered a course within the 5-year limit and an
2 expectation that the course will be offered again within the
3 following 5 years.
4 Section 44. Section 233.056, Florida Statutes, is
5 amended to read:
6 233.056 Instructional programs for visually impaired
7 students and deaf or hard-of-hearing students.--
8 (1) The Division of Public Schools and Community
9 Education of the Department of Education is authorized to
10 establish a coordinating unit and instructional materials
11 center for visually impaired children and youth and deaf or
12 hard-of-hearing children and youth to provide staff and
13 resources for the coordination, cataloging, standardizing,
14 producing, procuring, storing, and distributing of braille,
15 large print, tangible apparatus, captioned films and video
16 tapes, and other specialized educational materials needed by
17 these students and other exceptional students. The
18 coordinating unit shall have as its major purpose the
19 improvement of instructional programs for visually impaired
20 students and deaf or hard-of-hearing students and may, as a
21 second priority, extend appropriate services to other
22 exceptional students, consistent with provisions and criteria
23 established, to the extent that resources are available.
24 (2) The unit shall be operated either directly by the
25 Division of Public Schools and Community Education or through
26 a contractual agreement with a local education agency, under
27 rules adopted by the State Board Commissioner of Education.
28 Section 45. Subsection (6) of section 233.058, Florida
29 Statutes, is amended to read:
30 233.058 English language instruction for limited
31 English proficient students.--
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1 (6) The State Board Commissioner of Education shall
2 adopt rules for the purpose of administering implementing this
3 section.
4 Section 46. Section 233.39, Florida Statutes, is
5 amended to read:
6 233.39 Renovation and repair of textbooks.--The State
7 Board Commissioner of Education shall prescribe rules and
8 regulations under which the Department of Education shall,
9 whenever requested to do so by any superintendent, make
10 necessary arrangements for the renovation and repair of books
11 that could thereby be put into serviceable condition. All
12 proper expense in connection with such renovation and repair
13 is declared to be a proper charge against the appropriation
14 for the purchase of instructional materials by the school
15 district. The State Board of Education commissioner, in order
16 to assist district school boards in obtaining the most
17 economical services, shall formulate and prescribe such rules
18 and regulations for the letting of contracts for the
19 renovation and repair of books used in the public schools of
20 the state as in its judgment are practicable and economically
21 feasible. The Department of Education shall enter into such
22 contracts upon the basis of competitive sealed bids from
23 responsible firms who must, prior to contract award, have on
24 hand in their plants the equipment necessary to perform the
25 work of rebinding specified by the department. For the
26 purpose of rebinding, textbooks must be classified by the
27 department as to size, and such classification must be the
28 basis for bids from rebinding firms. Bids from rebinding firms
29 must be on the basis of minimum quantities of 100 books in
30 each classification. Such a contract for the renovation and
31 repair of books used in the public schools of this state may
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1 not be entered when the cost of renovation and repair exceeds
2 the original acquisition cost of such books or the cost of
3 replacing such books, whichever is the lesser. However, this
4 section does not prohibit the inmates of the state prison from
5 repairing and renovating any public school textbooks or
6 library books. Any suit that is instituted under this section
7 must be brought in the name of the state, and any amount
8 recovered by reason of such a suit must be deposited in the
9 General Revenue Fund.
10 Section 47. Subsections (2), (4), and (5) and
11 paragraphs (a) and (f) of subsection (3) of section 236.02,
12 Florida Statutes, are amended to read:
13 236.02 Minimum requirements of the Florida Education
14 Finance Program.--Each district which participates in the
15 state appropriations for the Florida Education Finance Program
16 shall provide evidence of its effort to maintain an adequate
17 school program throughout the district and shall meet at least
18 the following requirements:
19 (2) MINIMUM TERM.--Operate all schools for a term of
20 at least 180 actual teaching days as prescribed in s.
21 228.041(13) or the equivalent on an hourly basis as specified
22 by rules of the State Board Commissioner of Education each
23 school year. The commissioner may prescribe procedures for
24 altering, and, upon written application, may alter, this
25 requirement during a national, state, or local emergency as it
26 may apply to an individual school or schools in any district
27 or districts if, in the opinion of the board, it is not
28 feasible to make up lost days, and the apportionment may, at
29 the discretion of the Commissioner of Education and if the
30 board determines that the reduction of school days is caused
31 by the existence of a bona fide emergency, be reduced for such
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1 district or districts in proportion to the decrease in the
2 length of term in any such school or schools. A strike, as
3 defined in s. 447.203(6), by employees of the school district
4 may not be considered an emergency.
5 (3) EMPLOYMENT POLICIES.--Adopt rules relating to the
6 appointment, promotion, transfer, suspension, and dismissal of
7 personnel.
8 (a) Such rules must conform to applicable law and
9 rules of the State Board of Education commissioner and must
10 include the duties and responsibilities of the superintendent
11 and school board pertaining to these and other personnel
12 matters.
13 (f) Such rules must require 12 calendar months of
14 service for such principals as prescribed by rules regulations
15 of the State Board of Education commissioner and must require
16 10 months to include not less than 196 days of service,
17 excluding Sundays and other holidays, for all members of the
18 instructional staff, with any such service on a 12-month basis
19 to include reasonable allowance for vacation or further study
20 as rules prescribed by the school board in accordance with
21 rules regulations of the State Board of Education
22 commissioner.
23 (4) SALARY SCHEDULES.--Expend funds for salaries in
24 accordance with a salary schedule or schedules adopted by the
25 school board in accordance with the provisions of law and
26 rules regulations of the State Board of Education
27 commissioner. Expenditures for salaries of instructional
28 personnel must include compensation based on employee
29 performance demonstrated under s. 231.29.
30 (5) BUDGETS.--Observe fully at all times all
31 requirements of law and rules regulations of the State Board
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1 of Education commissioner relating to the preparation,
2 adoption, and execution of budgets for the district school
3 system.
4 Section 48. Subsection (5) of section 236.025, Florida
5 Statutes, is amended to read:
6 236.025 Revised funding model for exceptional student
7 education programs.--
8 (5) The State Board Department of Education shall
9 adopt rules necessary to administer implement the revised
10 funding model.
11 Section 49. Paragraph (a) of subsection (1) and
12 paragraph (d) of subsection (3) of section 236.081, Florida
13 Statutes, are amended to read:
14 236.081 Funds for operation of schools.--If the annual
15 allocation from the Florida Education Finance Program to each
16 district for operation of schools is not determined in the
17 annual appropriations act or the substantive bill implementing
18 the annual appropriations act, it shall be determined as
19 follows:
20 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
21 OPERATION.--The following procedure shall be followed in
22 determining the annual allocation to each district for
23 operation:
24 (a) Determination of full-time equivalent
25 membership.--During each of several school weeks, including
26 scheduled intersessions of a year-round school program during
27 the fiscal year, a program membership survey of each school
28 shall be made by each district by aggregating the full-time
29 equivalent student membership of each program by school and by
30 district. The department shall establish the number and
31 interval of membership calculations, except that for basic and
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1 special programs such calculations shall not exceed nine for
2 any fiscal year. The district's full-time equivalent
3 membership shall be computed and currently maintained in
4 accordance with rules regulations of the State Board of
5 Education commissioner. Beginning with the 1999-2000 school
6 year, Each school district shall also document the daily
7 attendance of each student in membership by school and by
8 district. An average daily attendance factor shall be computed
9 by dividing the total daily attendance of all students by the
10 total number of students in membership and then by the number
11 of days in the regular school year. Beginning with the
12 2002-2003 school year, the district's full-time equivalent
13 membership shall be adjusted by multiplying by the average
14 daily attendance factor.
15 (3) INSERVICE EDUCATIONAL PERSONNEL TRAINING
16 EXPENDITURE.--Of the amount computed in subsections (1) and
17 (2), a percentage of the base student allocation per full-time
18 equivalent student shall be expended for educational training
19 programs as determined by the district school board as
20 provided in s. 231.600. This percentage shall remain constant
21 and shall be calculated by dividing $6 by the 1990-1991 base
22 student allocation. At least two-thirds of the funds so
23 determined shall be expended as provided in s. 231.600, and
24 such funds may be used for implementation of the demonstration
25 of professional education competence program as provided in s.
26 231.17. Funds as provided herein may be expended only for the
27 direct support of inservice training activities as prescribed
28 below:
29 (d) Funds may be expended to pay tuition or
30 registration fees for college courses provided the course is
31 identified in the district's approved master plan and the
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1 employee does not receive college credit. However, an employee
2 may be awarded college credit for successful participation in
3 exempted inservice programs that are identified by the
4 Department of Education in State Board of Education rule and
5 for which the employee shall pay the regular tuition and
6 registration fees assessed by the credit-granting institution.
7 Courses for these exempted programs shall be arranged and
8 conducted in compliance with procedures that are developed
9 cooperatively by the Department of Education and the Board of
10 Regents and are also included in State Board of Education
11 rule. Provision for payment of tuition and registration fees
12 for such credit-earning courses shall be contained in State
13 Board of Education rule.
14 Section 50. Subsections (2) and (3) of section
15 236.1225, Florida Statutes, are amended to read:
16 236.1225 Gifted education exemplary program grants.--
17 (2) There is hereby created a grant program for
18 education for the gifted which shall be administered by the
19 Commissioner of Education in cooperation and consultation with
20 appropriate organizations and associations concerned with
21 education for the gifted and pursuant to rules adopted by the
22 State Board Commissioner of Education. The program may be
23 implemented in any public school.
24 (3) Pursuant to policies and rules to be adopted by
25 the State Board Commissioner of Education, each district
26 school board, two or more district school boards in
27 cooperation, or a public school principal through the district
28 school board may submit to the commissioner a proposed program
29 designed to effectuate an exemplary program for education for
30 the gifted in a school, district, or group of districts.
31 Consideration for funding shall be given to proposed programs
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1 of district school boards that are developed with the
2 cooperation of a community college, public or private college,
3 or university for the purpose of providing advanced
4 accelerated instruction for public school students pursuant to
5 s. 229.814. In order to be approved, a program proposal must
6 include:
7 (a) Clearly stated goals and objectives expressed, to
8 the maximum extent possible, in measurable terms;
9 (b) Information concerning the number of students,
10 teachers, and other personnel to be involved in the program;
11 (c) The estimated cost of the program and the number
12 of years for which it is to be funded;
13 (d) Provisions for evaluation of the program and for
14 its integration into the general curriculum and financial
15 program of the school district or districts at the end of the
16 funded period; and
17 (e) Such other information and provisions as the
18 commissioner requires.
19 Section 51. Subsection (4) of section 237.081, Florida
20 Statutes, is amended to read:
21 237.081 Public hearings; budgets to be submitted to
22 Department of Education.--
23 (4) The advertisement shall appear adjacent to the
24 advertisement required pursuant to s. 200.065. The State Board
25 Commissioner of Education may adopt rules necessary to provide
26 specific requirements for the format of the advertisement.
27 Section 52. Subsection (5) of section 237.211, Florida
28 Statutes, is amended to read:
29 237.211 School depositories; payments into and
30 withdrawals from depositories.--
31
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1 (5) FORM OF WARRANTS; DIRECT DEPOSIT OF FUNDS.--The
2 school board is authorized to establish the form or forms of
3 warrants, which are to be signed by the chair or, in his or
4 her absence, the vice chair of the school board and
5 countersigned by the superintendent, for payment or
6 disbursement of moneys out of the school depository and to
7 change the form thereof from time to time as the school board
8 deems appropriate. If authorized in writing by the payee,
9 such school board warrants may provide for the direct deposit
10 of funds to the account of the payee in any financial
11 institution that is designated in writing by the payee and
12 that has lawful authority to accept such deposits. The written
13 authorization of the payee must be filed with the school
14 board. Direct deposit of funds may be by any electronic or
15 other medium approved by the school board for such purpose.
16 The State Board Commissioner of Education shall adopt rules
17 prescribing minimum security measures that must be implemented
18 by any school board before establishing the system authorized
19 in this subsection.
20 Section 53. Subsection (4) of section 237.40, Florida
21 Statutes, is amended to read:
22 237.40 Direct-support organization; use of property;
23 board of directors; audit.--
24 (4) ANNUAL AUDIT.--Each direct-support organization
25 shall provide for an annual financial audit of its accounts
26 and records, to be conducted by an independent certified
27 public accountant in accordance with rules adopted by the
28 Auditor General pursuant to s. 11.45(8) and the State Board
29 Commissioner of Education. The annual audit report shall be
30 submitted within 9 months after the fiscal year's end to the
31 district school board and the Auditor General. The
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1 Commissioner of Education, the Auditor General, and the Office
2 of Program Policy Analysis and Government Accountability have
3 the authority to require and receive from the organization or
4 the district auditor any records relative to the operation of
5 the organization. The identity of donors and all information
6 identifying donors and prospective donors are confidential and
7 exempt from the provisions of s. 119.07(1), and that anonymity
8 shall be maintained in the auditor's report. All other records
9 and information shall be considered public records for the
10 purposes of chapter 119.
11 Section 54. Subsection (3) of section 316.615, Florida
12 Statutes, is amended to read:
13 316.615 School buses; physical requirements of
14 drivers.--
15 (3) A person may not operate or cause to be operated a
16 motor vehicle covered by subsection (1) or subsection (2) when
17 transporting school children unless the operator has met the
18 physical examination requirements established by law and by
19 rule adopted by the State Board Commissioner of Education.
20 The operator of such a motor vehicle shall pass an annual
21 physical examination and have posted in the vehicle a
22 certificate to drive the vehicle.
23 Section 55. Subsection (10) of section 411.224,
24 Florida Statutes, is amended to read:
25 411.224 Family support planning process.--The
26 Legislature establishes a family support planning process to
27 be used by the Department of Children and Family Services as
28 the service planning process for targeted individuals,
29 children, and families under its purview.
30 (10) The Department of Children and Family Services,
31 the Department of Health, and the State Board Department of
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1 Education shall adopt rules necessary to administer implement
2 this act.
3 Section 56. Subsections (4), (7), and (12) of section
4 446.609, Florida Statutes, are amended to read:
5 446.609 Jobs for Florida's Graduates Act.--
6 (4) PROGRAM.--There is hereby created a school-to-work
7 program to be known as Jobs for Florida's Graduates which
8 shall, except as otherwise provided by law or by rule of the
9 State Board Department of Education, be operated in accordance
10 with the process and outcome standards of Jobs for America's
11 Graduates, Inc. To that end, the board shall enter into a
12 sponsoring agreement with Jobs for America's Graduates, Inc.,
13 to carry out the Jobs for America's Graduates model within the
14 state.
15 (a) The goal of the program shall be to have a minimum
16 of 300 high schools participating in the program.
17 (b) The schools chosen by the board to participate in
18 the program must represent a demographically balanced sample
19 population, include both urban and rural schools, and be
20 comprised of schools, including charter schools, in all
21 geographic areas of the state. Each school selected to
22 participate shall enter into a formal written agreement with
23 the board which, at a minimum, details the responsibilities of
24 each party and the process and outcome goals of the Jobs for
25 Florida's Graduates Program.
26 (c) Students shall be selected and approved for
27 participation in the program by the educational institutions
28 in which they are enrolled, and such selection and approval
29 shall be based on their being classified as at-risk students
30 pursuant to the Jobs for America's Graduates model.
31
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1 (7) ORGANIZATION, POWERS, AND DUTIES.--Within the
2 limits prescribed in this section or by rule of the State
3 Board of Education department:
4 (a) Upon appointment, the board shall meet and
5 organize. Thereafter, the board shall hold such meetings as
6 are necessary to implement the provisions of this section and
7 shall conduct its business in accordance with rules
8 promulgated by the State Board of Education department.
9 (b) The board may solicit and receive bequests, gifts,
10 grants, donations, goods, and services. When gifts are
11 restricted as to purpose, they may be used only for the
12 purpose or purposes stated by the donor.
13 (c) The board may enter into contracts with the
14 Federal Government, state or local agencies, private entities,
15 or individuals to carry out the purposes of this section.
16 (d) The board may identify, initiate, and fund Jobs
17 for Florida's Graduates programs to carry out the purposes of
18 this section.
19 (e) The board may make gifts or grants:
20 1. To the state, or any political subdivision thereof,
21 or any public agency of state or local government.
22 2. To a corporation, trust, association, or foundation
23 organized and operated exclusively for charitable,
24 educational, or scientific purposes.
25 3. To the department for purposes of program
26 recognition and marketing, public relations and education,
27 professional development, and technical assistance and
28 workshops for grant applicants and recipients and the business
29 community.
30
31
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1 (f) The board may advertise and solicit applications
2 for funding and shall evaluate applications and program
3 proposals submitted thereto.
4 (g) The board shall monitor, review, and annually
5 evaluate funded programs to determine whether funding should
6 be continued, terminated, reduced, or increased.
7 (h) The board shall establish an operating account for
8 the deposit of funds to be used in carrying out the purposes
9 of this section.
10 (i) The board shall operate the Jobs for Florida's
11 Graduates Program in such a way, and shall recommend to the
12 State Board Department of Education the adoption of such rules
13 as may be necessary, to ensure that the following outcome
14 goals are met:
15 1. In year 1:
16 a. The statewide graduation rates, or GED test
17 completion rates, of participants in the Jobs for Florida's
18 Graduates Program shall be at least 82 percent by June 30 of
19 the year following the end of the academic year in which the
20 participants' respective high school classes graduated.
21 b. By June 30 of the year following the end of the
22 academic year in which the participants' respective high
23 school classes graduated, 70 to 75 percent of graduated
24 working participants in the Jobs for Florida's Graduates
25 Program shall be employed full time in the civilian sector or
26 the military or enrolled in postsecondary training education,
27 or any combination of these that together are equivalent to
28 full time.
29 c. By June 30 of the year following the end of the
30 academic year in which the participants' respective high
31 school classes graduated, the average wage of graduated
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1 participants in the Jobs for Florida's Graduates Program who
2 are working shall be at or above the national average wage for
3 all participants in programs affiliated with Jobs for
4 America's Graduates, Inc.
5 2. In year 2:
6 a. The statewide graduation rates, or GED test
7 completion rates, of participants in the Jobs for Florida's
8 Graduates Program shall be at least 85 percent by June 30 of
9 the year following the end of the academic year in which the
10 participants' respective high school classes graduated.
11 b. By June 30 of the year following the end of the
12 academic year in which the participants' respective high
13 school classes graduated, 75 to 78 percent of graduated
14 working participants in the Jobs for Florida's Graduates
15 Program shall be employed full time in the civilian sector or
16 the military or enrolled in postsecondary training education,
17 or any combination of these that together are equivalent to
18 full time.
19 c. By June 30 of the year following the end of the
20 academic year in which the participants' respective high
21 school classes graduated, the average wage of graduated
22 participants in the Jobs for Florida's Graduates Program who
23 are working shall be at or above the national average wage for
24 all participants in programs affiliated with Jobs for
25 America's Graduates, Inc.
26 3. In years 3 through 5:
27 a. The statewide graduation rates, or GED test
28 completion rates, of participants in the Jobs for Florida's
29 Graduates Program shall be at least 90 percent by June 30 of
30 the year following the end of the academic year in which the
31 participants' respective high school classes graduated.
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1 b. By June 30 of the year following the end of the
2 academic year in which the participants' respective high
3 school classes graduated, 80 percent of graduated working
4 participants in the Jobs for Florida's Graduates Program shall
5 be employed full time in the civilian sector or the military
6 or enrolled in postsecondary training education, or any
7 combination of these that together are equivalent to full
8 time.
9 c. By June 30 of the year following the end of the
10 academic year in which the participants' respective high
11 school classes graduated, the average wage of graduated
12 participants in the Jobs for Florida's Graduates Program who
13 are working shall be at or above the national average wage for
14 all participants in programs affiliated with Jobs for
15 America's Graduates, Inc.
16 (j) The board may take such additional actions,
17 including independently organizing and conducting hiring
18 practices, as are deemed necessary and appropriate to
19 administer the provisions of this section. To the maximum
20 extent possible, the board shall hire Jobs for Florida's
21 Graduates Program staff who operate in selected schools to
22 fill necessary staff positions and shall provide for salary,
23 benefits, discipline, evaluation, or discharge according to a
24 contractual agreement. These positions shall not be state
25 employee positions.
26 (12) RULES.--The State Board of Education department
27 shall adopt rules to administer implement this section.
28 Section 57. Section 489.125, Florida Statutes, is
29 amended to read:
30 489.125 Prequalification of certificateholders.--Any
31 person holding a certificate shall be prequalified to bid by a
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1 district school board pursuant to uniform prequalification of
2 contractors criteria adopted by rule of the State Board
3 Commissioner of Education. This section does not supersede any
4 small, woman-owned or minority-owned business enterprise
5 preference program adopted by a district school board. A
6 district school board may not modify or supplement the uniform
7 prequalification criteria adopted by rule. A person holding a
8 certificate must apply to each board for prequalification
9 consideration.
10 Section 58. Subsection (1) of section 937.023, Florida
11 Statutes, is amended to read:
12 937.023 Department of Education to compile list of
13 missing Florida school children; forms; notification; State
14 Board of Education rules.--
15 (1) The State Board Department of Education shall
16 provide by rule for a program to identify and locate missing
17 Florida school children who are enrolled in Florida public
18 school districts in kindergarten through grade 12. A "missing
19 Florida school child" is defined for the purposes of this
20 section as a child 18 years of age or younger whose
21 whereabouts are unknown. Pursuant to such program, the
22 Department of Education shall:
23 (a) Collect each month a list of missing Florida
24 school children as provided by the Florida Crime Information
25 Center. The list shall be designed to include such
26 information as the department deems necessary for the
27 identification of the missing school child.
28 (b) Compile from the information collected pursuant to
29 paragraph (a) a list of missing Florida school children, which
30 list shall be distributed monthly to all public school
31 districts admitting children to kindergarten through grade 12.
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1 The list shall include the names of all such missing children,
2 together with such other information as the department deems
3 necessary. Each school district shall distribute this
4 information to the public schools in the district by whatever
5 manner it deems appropriate.
6 (c) Notify the appropriate local, state, or federal
7 law enforcement authority as soon as any additional
8 information is obtained or contact is made with respect to a
9 missing Florida school child.
10 Section 59. Section 984.05, Florida Statutes, is
11 amended to read:
12 984.05 Rules relating to habitual truants; adoption by
13 State Board Department of Education and Department of Juvenile
14 Justice.--The Department of Juvenile Justice and the State
15 Board Department of Education shall work together on the
16 development of, and shall adopt, rules as necessary to
17 administer for the implementation of ss. 232.19, 984.03(27),
18 and 985.03(25).
19 Section 60. Effective January 7, 2003, subsection (5)
20 of section 229.003, Florida Statutes, and subsection (3) of
21 section 229.0074, Florida Statutes, are repealed.
22 Section 61. Paragraphs (a) and (b) of subsection (1)
23 and subsections (6), (13), (18), and (33) of section 228.041,
24 Florida Statutes, are amended to read:
25 228.041 Definitions.--Specific definitions shall be as
26 follows, and wherever such defined words or terms are used in
27 the Florida School Code, they shall be used as follows:
28 (1) STATE SYSTEM OF PUBLIC EDUCATION.--The state
29 system of public education shall consist of such publicly
30 supported and controlled schools, institutions of higher
31 education, other educational institutions, and other
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1 educational services as may be provided or authorized by the
2 Constitution and laws of this state.
3 (a) Public schools.--The public schools shall consist
4 of kindergarten classes; elementary and secondary school
5 grades and special classes; adult, part-time, vocational, and
6 evening schools, courses, or classes authorized by law to be
7 operated under the control of school boards; and developmental
8 research schools to be operated under the control of the state
9 universities University System.
10 (b) Community colleges.--Community colleges shall
11 consist of all educational institutions which are operated by
12 local community college district boards of trustees under
13 specific authority and regulations of the State Board of
14 Education and which offer courses and programs of general and
15 academic education parallel to that of the first and second
16 years of work in colleges and universities institutions in the
17 State University System, of career education, and of adult
18 continuing education.
19 (6) SCHOOL CENTER.--A school center is a place of
20 location of any school or schools on the same or on adjacent
21 sites or on a site under the control of the principal and
22 within a reasonable distance of the main center as prescribed
23 by rule regulations of the State Board Commissioner of
24 Education.
25 (13) SCHOOL DAY.--A school day for any group of
26 students is that portion of the day in which school is
27 actually in session and shall comprise not less than 5 net
28 hours, excluding intermissions, for all grades above the
29 third; not less than 4 net hours for the first three grades;
30 and not less than 3 net hours for kindergarten or
31 prekindergarten students with disabilities, or the equivalent
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1 as calculated on a weekly basis. The net hours specified in
2 this subsection shall consist only of instruction in an
3 approved course of study and shall exclude all
4 noninstructional activities as defined by rules of the State
5 Board Commissioner of Education. Three of the last days of the
6 90-day term, and of the 180-day term, may be designated by the
7 district school board as final examination days for secondary
8 school students. These final examination days shall consist of
9 no less than 4 net hours, excluding intermissions. The minimum
10 length of the school day herein specified may be decreased
11 under rules which shall be adopted by the state board for
12 double session schools or programs, experimental schools, or
13 schools operating under emergency conditions.
14 (18) EXCEPTIONAL STUDENT.--The term "exceptional
15 student" means any child or youth who has been determined
16 eligible for a special program in accordance with rules of the
17 Commissioner of Education or the State Board of Education. The
18 term "exceptional students" includes students who are gifted
19 and students with disabilities who are mentally handicapped,
20 speech and language impaired, deaf or hard of hearing,
21 visually impaired, dual sensory impaired, physically impaired,
22 emotionally handicapped, specific learning disabled, hospital
23 and homebound, autistic, developmentally delayed children,
24 ages birth through 5 years, or children with established
25 conditions, ages birth through 2 years.
26 (33) TUITION.--The additional fee for instruction
27 provided by a public postsecondary educational institution in
28 this state, which fee is charged to a non-Florida student as
29 defined in rules of the State Board of Education, the State
30 Board of Community Colleges, or the Board of Regents. A charge
31 for any other purpose shall not be included within this fee.
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1 Section 62. Subsection (5) of section 228.055, Florida
2 Statutes, is amended to read:
3 228.055 Regional autism centers.--
4 (5) The State Board Department of Education, in
5 cooperation with the regional autism centers, shall adopt the
6 necessary rules to carry out the purposes of this section.
7 Section 63. Section 228.062, Florida Statutes, is
8 amended to read:
9 228.062 Migrant education program.--The State Board
10 Commissioner of Education shall prescribe such rules as are
11 necessary to provide for the participation of the state in the
12 federal migratory child compensatory education program, which
13 may be funded from federal or other lawful sources. The
14 Department of Education is authorized to plan, fund, and
15 administer educational programs for migrant children in the
16 state, beginning for such children at age 3. Such programs
17 shall be operated through grants to local school districts or
18 through contracts with other public agencies or nonprofit
19 corporations.
20 Section 64. Subsection (2) of section 228.195, Florida
21 Statutes, is amended to read:
22 228.195 School food service programs.--
23 (2) STATE RESPONSIBILITY.--The State Board
24 Commissioner of Education shall prescribe rules and standards
25 covering all phases of the administration and operation of the
26 school food service programs.
27 Section 65. Paragraph (m) of subsection (4),
28 paragraphs (b) and (d) of subsection (9), paragraphs (a) and
29 (b) of subsection (11) and subsections (12), (13), and (14) of
30 section 230.23, Florida Statutes, are amended to read:
31
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1 230.23 Powers and duties of school board.--The school
2 board, acting as a board, shall exercise all powers and
3 perform all duties listed below:
4 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
5 SCHOOLS.--Adopt and provide for the execution of plans for the
6 establishment, organization, and operation of the schools of
7 the district, including, but not limited to, the following:
8 (m) Exceptional students.--Provide for an appropriate
9 program of special instruction, facilities, and services for
10 exceptional students as prescribed by the state board as
11 acceptable, including provisions that:
12 1. The school board provide the necessary professional
13 services for diagnosis and evaluation of exceptional students.
14 2. The school board provide the special instruction,
15 classes, and services, either within the district school
16 system, in cooperation with other district school systems, or
17 through contractual arrangements with approved nonpublic
18 schools or community facilities which meet standards
19 established by the commissioner.
20 3. The school board annually provide information
21 describing the Florida School for the Deaf and the Blind and
22 all other programs and methods of instruction available to the
23 parent or guardian of a sensory-impaired student.
24 4. The school board, once every 3 years, submit to the
25 department its proposed procedures for the provision of
26 special instruction and services for exceptional students.
27 5. No student be given special instruction or services
28 as an exceptional student until after he or she has been
29 properly evaluated, classified, and placed in the manner
30 prescribed by rules of the State Board of Education
31 commissioner. The parent or guardian of an exceptional student
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1 evaluated and placed or denied placement in a program of
2 special education shall be notified of each such evaluation
3 and placement or denial. Such notice shall contain a statement
4 informing the parent or guardian that he or she is entitled to
5 a due process hearing on the identification, evaluation, and
6 placement, or lack thereof. Such hearings shall be exempt from
7 the provisions of ss. 120.569, 120.57, and 286.011, and any
8 records created as a result of such hearings shall be
9 confidential and exempt from the provisions of s. 119.07(1),
10 to the extent that the State Board of Education commissioner
11 adopts rules establishing other procedures. The hearing must
12 be conducted by an administrative law judge from the Division
13 of Administrative Hearings of the Department of Management
14 Services. The decision of the administrative law judge shall
15 be final, except that any party aggrieved by the finding and
16 decision rendered by the administrative law judge shall have
17 the right to bring a civil action in the circuit court. In
18 such an action, the court shall receive the records of the
19 administrative hearing and shall hear additional evidence at
20 the request of either party. In the alternative, any party
21 aggrieved by the finding and decision rendered by the
22 administrative law judge shall have the right to request an
23 impartial review of the administrative law judge's order by
24 the district court of appeal as provided by s. 120.68.
25 Notwithstanding any law to the contrary, during the pendency
26 of any proceeding conducted pursuant to this section, unless
27 the district school board and the parents or guardian
28 otherwise agree, the child shall remain in his or her
29 then-current educational assignment or, if applying for
30 initial admission to a public school, shall be assigned, with
31
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1 the consent of the parents or guardian, in the public school
2 program until all such proceedings have been completed.
3 6. In providing for the education of exceptional
4 students, the superintendent, principals, and teachers shall
5 utilize the regular school facilities and adapt them to the
6 needs of exceptional students to the maximum extent
7 appropriate. Segregation of exceptional students shall occur
8 only if the nature or severity of the exceptionality is such
9 that education in regular classes with the use of
10 supplementary aids and services cannot be achieved
11 satisfactorily.
12 (9) SCHOOL PLANT.--Approve plans for locating,
13 planning, constructing, sanitating, insuring, maintaining,
14 protecting, and condemning school property as prescribed in
15 chapter 235 and as follows:
16 (b) Sites, buildings, and equipment.--
17 1. Select and purchase school sites, playgrounds, and
18 recreational areas located at centers at which schools are to
19 be constructed, of adequate size to meet the needs of
20 projected pupils to be accommodated.
21 2. Approve the proposed purchase of any site,
22 playground, or recreational area for which district funds are
23 to be used.
24 3. Expand existing sites.
25 4. Rent buildings when necessary.
26 5. Enter into leases or lease-purchase arrangements,
27 in accordance with the requirements and conditions provided in
28 s. 235.056(2), with private individuals or corporations for
29 the rental of necessary grounds and educational facilities for
30 school purposes or of educational facilities to be erected for
31 school purposes. Current or other funds authorized by law may
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1 be used to make payments under a lease-purchase agreement.
2 Notwithstanding any other statutes, if the rental is to be
3 paid from funds received from ad valorem taxation and the
4 agreement is for a period greater than 12 months, an approving
5 referendum must be held. The provisions of such contracts,
6 including building plans, shall be subject to approval by the
7 Department of Education, and no such contract shall be entered
8 into without such approval. As used in this section,
9 "educational facilities" means the buildings and equipment
10 which are built, installed, or established to serve
11 educational purposes and which may lawfully be used. The State
12 Board Commissioner of Education may adopt such rules as are
13 necessary to implement the provisions hereof.
14 6. Provide for the proper supervision of construction.
15 7. Make or contract for additions, alterations, and
16 repairs on buildings and other school properties.
17 8. Ensure that all plans and specifications for
18 buildings provide adequately for the safety and well-being of
19 pupils, as well as for economy of construction.
20 (d) Insurance of school property.--Carry insurance on
21 every school building in all school plants including contents,
22 boilers, and machinery, except buildings of three classrooms
23 or less which are of frame construction and located in a tenth
24 class public protection zone as defined by the Florida
25 Inspection and Rating Bureau, and on all school buses and
26 other property under the control of the school board or title
27 to which is vested in the school board, except as exceptions
28 may be authorized under rules regulations of the State Board
29 of Education commissioner.
30
31
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1 (11) RECORDS AND REPORTS.--Provide for the keeping of
2 all necessary records and the making of all needed or required
3 reports, as follows:
4 (a) Forms, blanks, and reports.--Require all employees
5 to keep accurately all records and to make promptly in the
6 proper form all reports required by law or by rule regulations
7 of the state board or of the commissioner.
8 (b) Reports to the department.--Require that the
9 superintendent prepare all reports to the Department of
10 Education that may be required by law or rules regulations of
11 the state board or of the commissioner; see that all such
12 reports are promptly transmitted to the department; withhold
13 the further payment of salary to the superintendent or
14 employee when notified by the department that he or she has
15 failed to file any report within the time or in the manner
16 prescribed; and continue to withhold the salary until the
17 school board is notified by the department that such report
18 has been received and accepted; provided, that when any report
19 has not been received by the date due and after due notice has
20 been given to the school board of that fact, the department,
21 if it deems necessary, may require the report to be prepared
22 by a member of its staff, and the school board shall pay all
23 expenses connected therewith. Any member of the school board
24 who is responsible for the violation of this provision is
25 subject to suspension and removal.
26 (12) COOPERATION WITH OTHER DISTRICT SCHOOL
27 BOARDS.--May establish and participate in educational
28 consortia that are designed to provide joint programs and
29 services to cooperating school districts, consistent with the
30 provisions of s. 4(b), Art. IX of the State Constitution. The
31 State Board Commissioner of Education shall adopt rules
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1 providing for the establishment, funding, administration, and
2 operation of such consortia.
3 (13) ENFORCEMENT OF LAW AND RULES AND
4 REGULATIONS.--Require that all laws and rules and regulations
5 of the state board, of the commissioner, or of the school
6 board are properly enforced.
7 (14) SCHOOL LUNCH PROGRAM.--Assume such
8 responsibilities and exercise such powers and perform such
9 duties as may be assigned to it by law or as may be required
10 by rules regulations of the State Board of Education
11 commissioner or as in the opinion of the school board are
12 necessary to assure school lunch services, consistent with
13 needs of pupils; effective and efficient operation of the
14 program; and the proper articulation of the school lunch
15 program with other phases of education in the district.
16 Section 66. Paragraph (d) of subsection (3) and
17 subsection (9) of section 230.2316, Florida Statutes, are
18 amended to read:
19 230.2316 Dropout prevention.--
20 (3) STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--
21 (d)1. "Second chance schools" means school district
22 programs provided through cooperative agreements between the
23 Department of Juvenile Justice, private providers, state or
24 local law enforcement agencies, or other state agencies for
25 students who have been disruptive or violent or who have
26 committed serious offenses. As partnership programs, second
27 chance schools are eligible for waivers by the Commissioner of
28 Education from chapters 230-235 and 239 and State Board of
29 Education rules that prevent the provision of appropriate
30 educational services to violent, severely disruptive, or
31
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1 delinquent students in small nontraditional settings or in
2 court-adjudicated settings.
3 2. School districts seeking to enter into a
4 partnership with a private entity or public entity to operate
5 a second chance school for disruptive students may apply to
6 the Department of Education for startup grants from the
7 Department of Education. These grants must be available for 1
8 year and must be used to offset the startup costs for
9 implementing such programs off public school campuses. General
10 operating funds must be generated through the appropriate
11 programs of the Florida Education Finance Program. Grants
12 approved under this program shall be for the full operation of
13 the school by a private nonprofit or for-profit provider or
14 the public entity. This program must operate under rules
15 adopted by the State Board Department of Education and must be
16 implemented to the extent funded by the Legislature.
17 3. A student enrolled in a sixth, seventh, eighth,
18 ninth, or tenth grade class may be assigned to a second chance
19 school if the student meets the following criteria:
20 a. The student is a habitual truant as defined in s.
21 228.041(28).
22 b. The student's excessive absences have detrimentally
23 affected the student's academic progress and the student may
24 have unique needs that a traditional school setting may not
25 meet.
26 c. The student's high incidences of truancy have been
27 directly linked to a lack of motivation.
28 d. The student has been identified as at risk of
29 dropping out of school.
30 4. A student who is habitually truant may be assigned
31 to a second chance school only if the case staffing committee,
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1 established pursuant to s. 984.12, determines that such
2 placement could be beneficial to the student and the criteria
3 included in subparagraph 2. are met.
4 5. A student may be assigned to a second chance school
5 if the school district in which the student resides has a
6 second chance school and if the student meets one of the
7 following criteria:
8 a. The student habitually exhibits disruptive behavior
9 in violation of the code of student conduct adopted by the
10 school board.
11 b. The student interferes with the student's own
12 learning or the educational process of others and requires
13 attention and assistance beyond that which the traditional
14 program can provide, or, while the student is under the
15 jurisdiction of the school either in or out of the classroom,
16 frequent conflicts of a disruptive nature occur.
17 c. The student has committed a serious offense which
18 warrants suspension or expulsion from school according to the
19 district code of student conduct. For the purposes of this
20 program, "serious offense" is behavior which:
21 (I) Threatens the general welfare of students or
22 others with whom the student comes into contact;
23 (II) Includes violence;
24 (III) Includes possession of weapons or drugs; or
25 (IV) Is harassment or verbal abuse of school personnel
26 or other students.
27 6. Prior to assignment of students to second chance
28 schools, school boards are encouraged to use alternative
29 programs, such as in-school suspension, which provide
30 instruction and counseling leading to improved student
31
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1 behavior, a reduction in the incidence of truancy, and the
2 development of more effective interpersonal skills.
3 7. Students assigned to second chance schools must be
4 evaluated by the school's local child study team before
5 placement in a second chance school. The study team shall
6 ensure that students are not eligible for placement in a
7 program for emotionally disturbed children.
8 8. Students who exhibit academic and social progress
9 and who wish to return to a traditional school shall complete
10 a character development and law education program, as provided
11 in s. 233.0612, and demonstrate preparedness to reenter the
12 regular school setting prior to reentering a traditional
13 school.
14 (9) RULES.--The State Board Department of Education
15 shall have the authority pursuant to ss. 120.536(1) and 120.54
16 to adopt any rules necessary to administer implement the
17 provisions of this section; such rules shall require the
18 minimum amount of necessary paperwork and reporting to comply
19 with this act.
20 Section 67. Subsection (23) of section 230.23161,
21 Florida Statutes, is amended to read:
22 230.23161 Educational services in Department of
23 Juvenile Justice programs.--
24 (23) The State Board Department of Education shall
25 have the authority to adopt any rules necessary to administer
26 implement the provisions of this section, including rules
27 governing uniform curriculum, funding, and second chance
28 schools. Such rules shall require the minimum amount of
29 paperwork and reporting necessary to comply with this act.
30 Section 68. Subsection (6) of section 230.23166,
31 Florida Statutes, is amended to read:
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1 230.23166 Teenage parent programs.--
2 (6) The State Board Commissioner of Education shall
3 adopt rules necessary to administer implement the provisions
4 of this section.
5 Section 69. Subsection (4) of section 231.700, Florida
6 Statutes, is amended to read:
7 231.700 Florida Mentor Teacher School Pilot Program.--
8 (4) The State Board Commissioner of Education may
9 adopt rules, pursuant to ss. 120.536(1) and 120.54, for the
10 administration implementation of this section and approval of
11 the mentor teacher school program.
12 Section 70. Paragraph (e) of subsection (1) and
13 subsection (2) of section 232.01, Florida Statutes, are
14 amended to read:
15 232.01 School attendance.--
16 (1)
17 (e) Beginning with the 1991-1992 school year and
18 consistent with rules adopted by the commissioner, children
19 with disabilities who have attained the age of 3 years shall
20 be eligible for admission to public special education programs
21 and for related services under rules adopted by the school
22 board. Exceptional children who are deaf or hard of hearing,
23 visually impaired, dual sensory impaired, severely physically
24 handicapped, trainable mentally handicapped, or profoundly
25 handicapped, or who have established conditions, or exhibit
26 developmental delays, below age 3 may be eligible for special
27 programs; or, if enrolled in other prekindergarten or day care
28 programs, they may be eligible for supplemental instruction.
29 Rules for the identification of established conditions for
30 children birth through 2 years of age and developmental delays
31
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1 for children birth through 5 years of age must be adopted by
2 the State Board Commissioner of Education.
3 (2) The State Board Commissioner of Education may
4 adopt rules under which pupils not meeting the entrance age
5 may be transferred from another state if their parents or
6 guardians have been legal residents of that state.
7 Section 71. Subsection (2) of section 232.0315,
8 Florida Statutes, is amended to read:
9 232.0315 School-entry health examinations.--
10 (2) The State Board Department of Education, subject
11 to the concurrence of the Department of Health, shall adopt
12 rules to govern medical examinations performed under this
13 section.
14 Section 72. Section 232.23, Florida Statutes, is
15 amended to read:
16 232.23 Procedures for maintenance and transfer of
17 pupil records.--
18 (1) Each principal shall maintain a permanent
19 cumulative record for each pupil enrolled in a public school.
20 Such record shall be maintained in the form, and contain all
21 data, prescribed by rule by the State Board Commissioner of
22 Education. The cumulative record is confidential and exempt
23 from the provisions of s. 119.07(1) and is open to inspection
24 only as provided in s. 228.093.
25 (2) The procedure for transferring and maintaining
26 records of pupils who transfer from school to school shall be
27 prescribed by rules regulations of the State Board of
28 Education commissioner.
29 (3) Procedures relating to the acceptance of transfer
30 work and credit for pupils shall be prescribed by rule by the
31 State Board Commissioner of Education.
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1 Section 73. Subsection (6) of section 232.245,
2 Florida Statutes, is amended to read:
3 232.245 Pupil progression; remedial instruction;
4 reporting requirements.--
5 (6) The State Board Commissioner of Education shall
6 adopt rules pursuant to ss. 120.536(1) and 120.54 for the
7 administration of this section.
8 Section 74. Subsection (1) of section 232.25, Florida
9 Statutes, is amended to read:
10 232.25 Pupils subject to control of school.--
11 (1) Subject to law and rules and regulations of the
12 State Board of Education commissioner and of the school board,
13 each pupil enrolled in a school shall:
14 (a) During the time she or he is being transported to
15 or from school at public expense;
16 (b) During the time she or he is attending school;
17 (c) During the time she or he is on the school
18 premises participating with authorization in a
19 school-sponsored activity; and
20 (d) During a reasonable time before and after a pupil
21 is on the premises for attendance at school or for authorized
22 participation in a school-sponsored activity, and only when on
23 the premises,
24
25 be under the control and direction of the principal or teacher
26 in charge of the school, and under the immediate control and
27 direction of the teacher or other member of the instructional
28 staff or of the bus driver to whom such responsibility may be
29 assigned by the principal. However, the State Board of
30 Education commissioner or the district school board may, by
31 rules and regulations, subject each pupil to the control and
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1 direction of the principal or teacher in charge of the school
2 during the time she or he is otherwise en route to or from
3 school or is presumed by law to be attending school.
4 Section 75. Subsection (11), paragraph (b) of
5 subsection (12), and subsection (13) of section 234.02,
6 Florida Statutes, are amended to read:
7 234.02 Safety and health of pupils.--Maximum regard
8 for safety and adequate protection of health are primary
9 requirements that must be observed by school boards in routing
10 buses, appointing drivers, and providing and operating
11 equipment, in accordance with all requirements of law and
12 regulations of the commissioner in providing transportation
13 pursuant to s. 234.01:
14 (11) The superintendent shall notify the school board
15 of any school bus that does not meet all requirements of law
16 and rules regulations of the State Board of Education
17 commissioner, and the school board shall, if the school bus is
18 in an unsafe condition, withdraw it from use as a school bus
19 until the bus meets the requirements. The Department of
20 Education may inspect or have inspected any school bus to
21 determine whether the bus meets requirements of law and rules
22 regulations of the State Board of Education commissioner. The
23 department may, after due notice to a school board that any
24 school bus does not meet certain requirements of law and rules
25 regulations of the State Board of Education commissioner, rule
26 that the bus must be withdrawn from use as a school bus, this
27 ruling to be effective forthwith or upon a date to be
28 specified therein, whereupon the school board shall withdraw
29 same from use as a school bus until the bus meets requirements
30 of law and rules regulations of the State Board of Education
31 commissioner and until the department has officially revoked
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1 the pertinent ruling. Notwithstanding any other provisions of
2 this chapter, general purpose urban transit systems are
3 declared qualified to transport children to and from school.
4 (12)
5 (b) Each school board, after considering
6 recommendations from the superintendent, shall designate, by
7 map or otherwise, or shall provide by school board rule for
8 the designation of, nontransportation zones that are composed
9 of all areas in the district from which it is unnecessary or
10 impracticable to furnish transportation. Nontransportation
11 zones must be designated annually before the opening of school
12 and the designation of bus routes for the succeeding school
13 year. Each school board, after considering recommendations
14 from the superintendent, shall specifically designate, or
15 shall provide by school board rule for the designation of,
16 specific routes to be traveled regularly by school buses, and
17 each route must meet the requirements prescribed by rules of
18 the State Board of Education commissioner.
19 (13) The State Board Commissioner of Education may
20 adopt rules to implement this section as are necessary or
21 desirable in the interest of student health and safety.
22 Section 76. Subsection (6) of section 234.301, Florida
23 Statutes, is amended to read:
24 234.301 Pool purchase of school buses.--
25 (6) The State Board Commissioner of Education may
26 adopt any rule necessary to implement this section, maintain
27 the integrity of the school bus pool purchase program, and
28 ensure the best and lowest price for purchasing school buses
29 by the public school districts.
30 Section 77. Section 229.567, Florida Statutes, is
31 amended to read:
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1 229.567 School readiness uniform screening.--
2 (1)(a) The Department of Education shall adopt the
3 school readiness uniform screening developed by the Florida
4 Partnership for School Readiness, and shall require that all
5 school districts administer the kindergarten uniform screening
6 to each kindergarten student in the district school system
7 upon the student's entry into kindergarten.
8 (b) The uniform screening shall provide objective data
9 regarding the following expectations for school readiness
10 which shall include, at a minimum:
11 1. The child's immunizations and other health
12 requirements as necessary, including appropriate vision and
13 hearing screening and examinations.
14 2. The child's physical development.
15 3. The child's compliance with rules, limitations, and
16 routines.
17 4. The child's ability to perform tasks.
18 5. The child's interactions with adults.
19 6. The child's interactions with peers.
20 7. The child's ability to cope with challenges.
21 8. The child's self-help skills.
22 9. The child's ability to express his or her needs.
23 10. The child's verbal communication skills.
24 11. The child's problem-solving skills.
25 12. The child's following of verbal directions.
26 13. The child's demonstration of curiosity,
27 persistence, and exploratory behavior.
28 14. The child's interest in books and other printed
29 materials.
30 15. The child's paying attention to stories.
31
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1 16. The child's participation in art and music
2 activities.
3 17. The child's ability to identify colors, geometric
4 shapes, letters of the alphabet, numbers, and spatial and
5 temporal relationships.
6 (c) Children who enter public school for the first
7 time in first grade must undergo a uniform screening approved
8 by the partnership for use in first grade. Because children
9 with disabilities may not be able to meet all of the
10 identified expectations for school readiness, the plan for
11 measuring school readiness shall incorporate mechanisms for
12 recognizing the potential variations in expectations for
13 school readiness when serving children with disabilities and
14 shall provide for communities to serve children with
15 disabilities.
16 (2) The Department of Education shall implement a
17 school readiness uniform screening, including a pilot program
18 during the 2001-2002 school year, to validate the system
19 recommended by the Florida Partnership for School Readiness as
20 part of a comprehensive evaluation design. Beginning with the
21 2002-2003 school year, the department shall require that all
22 school districts administer the school readiness uniform
23 screening to each kindergarten student in the district school
24 system upon the student's entry into kindergarten. Children
25 who enter public school for the first time in first grade must
26 undergo a uniform screening adopted for use in first grade.
27 The department shall incorporate school readiness data into
28 the K-20 data warehouse for longitudinal tracking.
29 Section 78. Section 229.0074, Florida Statutes, is
30 amended to read:
31
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1 229.0074 Commission for Division of Independent
2 Education.--
3 (1) The mission of the Division of Independent
4 Education is to enhance the opportunity to raise the
5 educational attainment levels of students pursuing their
6 education in nongovernment settings by representing their
7 interests, and those of the institutions that serve them, in
8 the Department of Education. The Division of Independent
9 Education has no authority over the institutions or students
10 in Florida's independent education sector. The Commission for
11 Independent Education, administratively housed within the
12 division, shall have such authority as specified in chapter
13 246 relating to independent postsecondary education, except
14 regarding those institutions described in s. 229.0073(4)(c).
15 The division shall serve as the advocate for, and liaison to,
16 independent education providers and institutions, including
17 home education programs that meet the requirements of s.
18 232.0201, private K-12 institutions as described in s.
19 229.808, independent colleges and universities except as
20 otherwise provided in s. 229.0073(4)(c), and private
21 postsecondary career preparation/vocational training
22 institutions.
23 (2) The executive director of the division shall
24 establish a mechanism for regular interaction and input from
25 independent education providers in the development of policies
26 that provide seamless articulation for all students. The
27 executive director shall:
28 (a) Learn the interests and concerns of the students
29 and providers of independent education at all levels in order
30 to strongly represent them in the Department of Education.
31
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1 (b) Articulate the interests and concerns of the
2 students and providers of independent education at all levels
3 in all relevant government settings, accurately reflecting the
4 consensus or differences in opinion among those represented.
5 (c) Participate with the other division heads in key
6 education decisionmaking processes.
7 (d) Monitor and participate in rulemaking and other
8 activities relevant to the interests of the independent
9 education sector.
10 (e) Serve as a key spokesperson for the independent
11 education sector.
12 (f) Advocate for any necessary educational services
13 and funds for independent education sector families and
14 schools.
15 (g) Establish a clearinghouse of information.
16 (h) Foster a collaborative spirit and working
17 relationship among the institutions of the private and public
18 sectors.
19 (i) Identify and convey the best practices of the
20 independent education sector for the benefit of the other
21 education delivery sectors, and vice versa.
22 (j) Augment, where appropriate, the efforts of groups
23 representing the students and providers of independent
24 education to communicate their concerns to government.
25 (k) Facilitate the administration of education
26 services provided by the Department of Education to the
27 independent education sector, such as those relating to
28 teacher certification and background checks.
29 (l) Encourage student-centered funding and the
30 expansion of family choice in education.
31
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1 (m) Develop and propose courses of action to the
2 representatives of the independent education sector.
3 (n) Communicate relevant decisions to the independent
4 education sector.
5 (o) Establish and oversee the division staff necessary
6 to carry out the division's functions in the most economical
7 and effective manner.
8 (p) Evaluate pending policies to ensure they do not
9 place additional regulation or mandates on the independent
10 education community.
11 (3) The powers and duties of the State Board of
12 Independent Colleges and Universities and the State Board of
13 Nonpublic Career Education, except as relating to any
14 independent nonprofit college or university whose students are
15 eligible to receive the William L. Boyd, IV, Florida resident
16 access grants pursuant to s. 240.605, shall be combined and
17 transferred to a single board named the Commission for
18 Independent Education, which shall be administratively housed
19 within the division. This single board shall authorize
20 granting of certificates, diplomas, and degrees for
21 independent postsecondary education institutions through
22 exemption, registration, authorization, and licensing.
23 (4) The Commission for Independent Education shall
24 consist of six citizens who are residents of this state. The
25 commission shall function in matters relating to independent
26 postsecondary education institutions in consumer protection,
27 program improvement, registration, authorization, licensure,
28 and certificate of exemption from licensure for institutions
29 under its purview, in keeping with the stated goals of the
30 seamless K-20 education system. The commission shall appoint
31 an executive director to serve as secretary of the commission
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1 and shall elect a chair and other officers as needed from
2 among its membership. Members of the commission shall be
3 appointed by the Governor and confirmed by the Senate. The
4 commission shall be composed of six members, as follows:
5 (a) One member from an independent college or
6 university that enrolls students who receive state or federal
7 financial aid.
8 (b) One member from an independent college or
9 university that does not enroll students who receive state or
10 federal financial aid excluding veteran's benefits.
11 (c) One member from an independent nondegree granting
12 school that enrolls students who receive state or federal
13 financial aid.
14 (d) One member from a public school district or
15 community college who is an administrator of
16 vocational-technical education.
17 (e) Two lay members who are not affiliated with an
18 independent postsecondary education institution.
19 (5) The establishment of the Division of Independent
20 Education shall not be construed to advance the extension or
21 expansion of government regulation of independent or home
22 education programs, and nothing contained in this act shall
23 authorize the state or any school district to further
24 regulate, control, or interfere with the autonomy of
25 independent K-12 schools or home education programs, or their
26 governance, curriculum, accreditation, testing, or other
27 practices.
28 Section 79. Paragraph (d) is added to subsection (1)
29 of section 229.58, Florida Statutes, to read:
30 229.58 District and school advisory councils.--
31 (1) ESTABLISHMENT.--
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1 (d) Each area technical center operated by a school
2 district shall establish a center advisory council. The
3 council shall assist in the preparation and evaluation of
4 center improvement plans required by s. 230.23(16) and may
5 provide assistance, upon the request of the center director,
6 in the preparation of the center's annual budget and plan as
7 required by s. 229.555(1).
8 Section 80. Subsection (5) is added to section
9 229.8075, Florida Statutes, to read:
10 229.8075 Florida Education and Training Placement
11 Information Program.--
12 (5) To measure and report program enrollments and
13 completions, the Department of Education shall use data in the
14 automated student databases generated by the public schools
15 and community colleges. To measure and report placement rates
16 and amount of earnings at the time of placement, the
17 department shall use data in the reports produced by the
18 Florida Education and Training Placement Information Program.
19 If any placement information is not available from the Florida
20 Education and Training Placement Information Program, the
21 school district or the community college may provide placement
22 information collected by the school district or the community
23 college. However, this supplemental information must be
24 verifiable by the department and must not be commingled with
25 the database maintained by the Florida Education and Training
26 Placement Information Program. The State Board of Education
27 shall specify by rule the statistically valid, verifiable,
28 uniform procedures by which school districts and community
29 colleges may collect and report placement information to
30 supplement the reports from the Florida Education and Training
31 Placement Information Program.
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1 Section 81. Section 229.8052, Florida Statutes, is
2 repealed.
3 Section 82. Section 229.008, Florida Statutes, is
4 repealed.
5 Section 83. Section 229.0081, Florida Statutes, is
6 repealed.
7 Section 84. Section 229.0082, Florida Statutes, is
8 repealed.
9 Section 85. Section 229.76, Florida Statutes, is
10 repealed.
11 Section 86. Effective June 30, 2002, section 229.8065,
12 Florida Statutes, is repealed.
13 Section 87. Subsection (2) of section 233.17, Florida
14 Statutes, is amended to read:
15 233.17 Term of adoption for instructional materials.--
16 (2) The department shall publish annually an official
17 schedule of subject areas to be called for adoption for each
18 of the succeeding 2 years, and a tentative schedule for years
19 3, 4, 5, and 6. If extenuating circumstances warrant, the
20 Commissioner of Education may order the department to add one
21 or more subject areas to the official schedule, in which event
22 the commissioner shall develop criteria for such additional
23 subject area or areas pursuant to s. 229.512(16) s.
24 229.512(18) and make them available to publishers as soon as
25 practicable. Notwithstanding the provisions of s. 229.512(16)
26 s. 229.512(18), the criteria for such additional subject area
27 or areas may be provided to publishers less than 24 months
28 before the date on which bids are due. The schedule shall be
29 developed so as to promote balance among the subject areas so
30 that the required expenditure for new instructional materials
31
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1 is approximately the same each year in order to maintain
2 curricular consistency.
3 Section 88. (1) The Secretary for the Florida Board
4 of Education shall recommend to the Florida Board of Education
5 performance goals for addressing the educational needs of the
6 state for the K-20 education system. The Council for Education
7 Policy Research and Improvement, as an independent entity,
8 shall develop a report card assigning grades to indicate
9 Florida's progress toward meeting those goals. The annual
10 report card shall contain information showing Florida's
11 performance relative to other states on selected measures, as
12 well as Florida's ability to meet the need for postsecondary
13 degrees and programs and how well the Legislature has provided
14 resources to meet this need. The information shall include the
15 results of the National Assessment of Educational Progress or
16 a similar national assessment program administered to students
17 in Florida. By January 1, 2003, the Council for Education
18 Policy Research and Improvement shall submit the report card
19 to the Legislature, the Governor, and the public. Prior to the
20 regular legislative session, the Commissioner of Education
21 shall present to the Legislature a plan for correcting any
22 deficiencies identified in the report card.
23 (2) This section shall take effect July 1, 2002, and
24 expire January 7, 2003.
25 Section 89. Section 229.136, Florida Statutes, is
26 created to read:
27 229.136 Rules adopted pursuant to statutes amended by
28 this act; effect.--All rules of the State Board of Education,
29 the Commissioner of Education, and the Department of Education
30 adopted pursuant to the provisions of law amended by this act,
31 in effect on January 2, 2003, remain in effect until
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1 specifically amended or repealed in the manner provided by
2 law.
3 Section 90. Effective January 7, 2003, the
4 administrative rules of the Department of Education and the
5 Commissioner of Education shall become the rules of the State
6 Board of Education.
7 Section 91. Effective January 7, 2003, the
8 administrative rules of the State Board of Education shall
9 become the rules of the appointed State Board of Education.
10 Section 92. All administrative rules of the State
11 Board of Education, the Commissioner of Education, and the
12 Department of Education are transferred by a type two
13 transfer, as defined in section 20.06(2), Florida Statutes, to
14 the appointed State Board of Education.
15 Section 93. This act shall not affect the validity of
16 any judicial or administrative action involving the Department
17 of Education, pending on January 7, 2003. This act shall not
18 affect the validity of any judicial or administrative action
19 involving the Commissioner of Education or the State Board of
20 Education, pending on January 7, 2003, and the appointed State
21 Board of Education shall be substituted as a party of interest
22 in any such action.
23 Section 94. Sections 94-102 of this act may be cited
24 as the "Education Investment Act," and these sections shall
25 take effect July 1, 2002.
26 Section 95. The Legislature finds that low-performing
27 high schools are those that receive students from
28 low-performing elementary and middle schools. Even the top
29 graduates from those high schools are likely to experience
30 difficulty in university education. Therefore, the Legislature
31 intends to invest academic resources in students attending
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1 low-performing schools at all levels. An adequate return on
2 the investment will be earned if the top 20 percent of each
3 high school's graduating class gains academic skills
4 sufficient to experience success in postsecondary education.
5 (1) To identify the schools that will benefit from the
6 resource investments provided in this act, the Board of
7 Education shall determine which schools with a grade
8 designation of "C" are at risk of falling beneath that
9 designation. As used in this act, the term "low-performing
10 school" means a "C" school at risk of earning a lower grade,
11 as determined by the Board of Education, and each school with
12 a grade designation of "D" or "F."
13 (2) The Board of Education shall determine which
14 elementary and middle schools provide the majority of students
15 to low-performing high schools. As used in this act, the term
16 "feeder-pattern school" refers to any elementary or middle
17 school whose former students predominantly enroll in a
18 low-performing high school, as determined by the Board of
19 Education.
20 Section 96. The Legislature intends to invest
21 resources in low-performing high schools and their
22 feeder-pattern elementary and middle schools in the core
23 disciplines of mathematics, language arts, and writing.
24 (1) For a high school, these enhancements may consist
25 of providing:
26 (a) A longer school day,
27 (b) A longer school year,
28 (c) Consultants or mentors to assist teachers to
29 improve or adapt curriculum to better meet the needs of
30 students,
31 (d) Additional teachers to reduce class size, and
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1 (e) Electronic access to grades 6 through 12 career
2 information, postsecondary degree, and training programs
3 portal connected to the web-based FACTS system.
4 (2) For a feeder-pattern school for a low-performing
5 high school, these enhancements may include:
6 (a) Increased funding to expand special reading
7 instruction from grade levels 1-3 into grades 4-8.
8 (b) Enhanced instruction in mathematics, reading, and
9 writing skills.
10 (c) After-school programs to provide homework
11 assistance, recreational reading, or other activities that
12 will increase a student's association with adults or older
13 students as positive role models for learning.
14 (d) Electronic access to grades 6 through 12 career
15 information, postsecondary degree, and training programs
16 portal connected to the web-based FACTS system.
17
18 The Board of Education, in collaboration with colleges and
19 universities, shall oversee any program of curriculum
20 enhancement for low-performing high schools and their
21 feeder-pattern schools and shall adopt measures of
22 productivity and accountability to judge the success of the
23 program. For instance, the board should assure that, in a high
24 school with such a program, a teacher in the core subject
25 areas does not have responsibility for more than 150 students
26 per day.
27 (3) The board shall assist any school whose program is
28 not likely to produce an adequate return on the investment
29 provided in this act.
30 (4) Annually the board shall report to the Legislature
31 the number of programs implemented with funds provided for
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1 this act, the types of assistance provided, and the results of
2 the productivity and accountability measures established.
3 Section 97. The Board of Education shall evaluate the
4 ability of low-performing high schools and their
5 feeder-pattern schools adequately to counsel students who
6 would benefit from enrollment in honors courses, Advanced
7 Placement courses, dual enrollment courses, and the college
8 preparatory courses required for university admission to the
9 freshman class.
10 (1) Each school district that contains a
11 low-performing high school must annually report to the board
12 the college preparatory, Advanced Placement, honors, or dual
13 enrollment courses completed by students who have a
14 cumulative, unweighted grade point average of 2.5 or greater.
15 The board shall analyze the reports and determine which
16 districts require intervention in the form of technical
17 assistance or an enhanced allocation to employ or contract for
18 the services of additional counselors.
19 (2) If a low-performing high school has a greater
20 ratio of students per counselor than another high school in
21 the district, the ratio must be lowered by employing
22 additional counselors. In a district with only one high
23 school, the comparison must be made with adjacent districts.
24 The ratio of students per counselor at a low-performing high
25 school may be no higher than the ratio at the highest
26 performing high school in the district or adjacent district.
27 (3) Beginning in the 2002-2003 school year, each
28 school district that contains a low-performing high school
29 shall compute and report to the Board of Education the
30 following accountability measures related to college
31 preparatory courses:
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1 (a) The percent increase in the numbers of guidance
2 counselors at the middle and high school level who completed a
3 seminar on advising for college.
4 (b) The percent increase in the numbers of students in
5 grades 6-12 who received a college-preparation curriculum
6 audit and the number of students in grades 6 through 12 who
7 received a 7-year plan for courses needed to satisfy the
8 19-credit admission standard and high school graduation
9 requirements.
10 (c) The number of low-performing high schools and
11 their feeder-pattern schools that employ at least one
12 instructional coach per 500 students.
13 (d) A comparison of students in low-achieving high
14 schools and their feeder-pattern schools with schools of
15 comparable size that earned a grade of "A." The comparison
16 shall include the percent change (increase or decrease) in the
17 gap between students at each type of school who:
18 1. Enroll in and complete with a grade of "C" or
19 better gatekeeper courses by grade level. Gatekeeper courses
20 include pre-algebra in grade 8 and English, mathematics,
21 science, social studies, and foreign language in each of
22 grades 6 through 12.
23 2. Enroll in and complete with a grade of "C" or
24 better in honors, Advanced Placement, and dual enrollment
25 courses.
26 3. Earn college credit by passing a dual enrollment
27 course or passing an Advanced Placement test with a score of 3
28 or better.
29 Section 98. (1) The Legislature intends to assist
30 students whose initial sitting for the Preliminary Scholastic
31
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1 Assessment Test provides evidence of poor test-taking, study,
2 or academic preparation skills.
3 (a) The Board of Education and each school district
4 shall use PSAT or PLAN scores of students in low-performing
5 high schools to adopt priorities for identifying students who
6 could most benefit from a course designed to prepare students
7 for taking the Scholastic Assessment Test of the College
8 Entrance Examination or an equivalent test in the American
9 College Testing Program.
10 (b) The board may adopt rules or policies to select
11 students for a test-preparation and study skills program, and
12 the policies may include financial need, teacher
13 recommendations, or other measures of the student's ability to
14 benefit.
15 (2) The board shall develop academic booster courses
16 for students who attend low-performing high schools and whose
17 scores on the PSAT or PLAN indicate that they could benefit
18 from such preparation.
19 Section 99. Any self-contained public education
20 program located within a low-performing high school is defined
21 as a separate school for purposes of implementing the
22 "Talented Twenty Percent" component of the state's policy for
23 university admissions. An open-enrollment magnet program is,
24 therefore, a school for purposes of this act and the
25 identification of the "Talented Twenty Percent." Such a
26 program must determine its top-ranked twenty percent in each
27 graduating class, and the high school that contains the
28 program shall separately identify its top-ranked graduates.
29 Both groups of graduates are eligible for any benefits
30 provided by policy, rule, or law because of their standing.
31
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1 Section 100. The Legislature intends to improve the
2 ability of public universities to expand undergraduate student
3 recruitment, retention, and support services provided to
4 students from low-performing high schools.
5 (1) If funded in the annual General Appropriations
6 Act, each university that enrolls students from low-performing
7 high schools because of the "Talented Twenty Percent"
8 admissions policy shall develop student services to assist
9 them. These services may include admitting students early for
10 orientation programs, providing mentors or additional
11 opportunities for personal advisement, and conducting meetings
12 to identify additional opportunities for assistance.
13 (2) Any funds provided for this purpose must be used
14 to enhance any similar program funded by the federal
15 government or the university and must address the unique needs
16 of students admitted because of the policy who would not have
17 met the admissions standards prior to implementation of the
18 policy.
19 Section 101. The Legislature intends to provide
20 waivers of matriculation fees for Florida residents who begin
21 a post-baccalaureate degree program within a public state
22 university within 2 years after graduation from a Florida
23 public or independent university and who received a Pell Grant
24 or a subsidized Stafford Loan as an undergraduate student.
25 (1) Priority for the first 3 years of the fee waiver
26 program must be for students who also graduated from a high
27 school that was low-performing either when the student
28 graduated from high school or when the student graduated from
29 college.
30 (2) If funded in the annual General Appropriations
31 Act, the fee waivers must be distributed to students
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1 identified by the university in which the student wishes to
2 enroll.
3 (3) The Board of Education shall adopt rules for
4 allocating an equitable number of fee waivers to each
5 university. If funds are not adequate to provide fee waivers
6 to each student whose university makes a request on his or her
7 behalf, the university shall base the selection of students to
8 receive the waivers upon considerations that include the
9 student's need and the low performance of the student's high
10 school.
11 Section 102. The Legislature intends to provide
12 Law-School-Admission-Test-preparation courses to aspiring
13 law-school students who graduate from a state university and
14 are also graduates of a low-performing high school.
15 (1) If funds are provided for this program in the
16 General Appropriations Act, each university shall identify and
17 inform eligible students of this opportunity. Eligible
18 students are students in each incoming group of admissions and
19 in each graduating class who are graduates of a low-performing
20 high school.
21 (2) First priority for a free course is for students
22 who enrolled in the university as freshmen, with other
23 graduates included if funds are available.
24 (3) A student is eligible if his or her former high
25 school was low-performing either in the year the student
26 graduated from high school or in the year the student
27 graduated from college. However, a student who graduates from
28 the university more than 6 years after graduation from high
29 school is eligible only if his or her high school was
30 low-performing in the year of the student's graduation from
31 high school.
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1 Section 103. (1) Each district school board shall
2 develop a plan for a K-12 foreign-language curriculum to be
3 implemented in the 2006-2007 school year and thereafter. In
4 addition to curriculum design and content, each plan must
5 address the following:
6 (a) An implementation strategy and timeline;
7 (b) A foreign-language professional-development
8 program for instructional personnel; and
9 (c) An estimated program budget.
10
11 Each school district must submit its plan to the Commissioner
12 of Education by June 30, 2004.
13 (2) The Department of Education shall provide
14 technical assistance to the school districts upon request.
15 (3) The commissioner shall prepare a summary of school
16 district plans for submission to the Governor, the President
17 of the Senate, and the Speaker of the House of Representatives
18 which specifies:
19 (a) Progress made by school districts in implementing
20 this section;
21 (b) Problems or difficulties encountered by school
22 districts;
23 (c) The availability of instructional resources and
24 personnel;
25 (d) A projected budget for the first year of program
26 implementation.
27 Section 104. An elected district school board official
28 may not employ or appoint a relative as defined in section
29 112.3135, Florida Statutes.
30 Section 105. Learning Gateway.--
31
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1 (1) PROGRAM GOALS.--The Legislature authorizes a
2 3-year demonstration program, to be called the Learning
3 Gateway, the purpose of which is to provide parents access to
4 information, referral, and services to lessen the effects of
5 learning disabilities in children from birth to age 9.
6 Parental consent shall be required for initial contact and
7 referral for evaluation and services provided through the
8 Learning Gateway. Each pilot program must design and test an
9 integrated, community-based system to help parents identify
10 learning problems and access early-education and intervention
11 services in order to minimize or prevent learning
12 disabilities. The Learning Gateway must be available to
13 parents in the settings where they and their children live,
14 work, seek care, or study. The goals of the Learning Gateway
15 are to:
16 (a) Improve community awareness and education of
17 parents and practitioners about the warning signs or
18 precursors of learning problems and learning disabilities,
19 including disorders or delayed development in language,
20 attention, behavior, and social-emotional functioning,
21 including dyslexia and attention deficit hyperactivity
22 disorder, in children from birth through age 9.
23 (b) Improve access for children who are experiencing
24 early learning problems and their families to appropriate
25 programs, services, and supports through improved outreach and
26 referral processes among providers.
27 (c) Improve developmental monitoring and the
28 availability to parents of appropriate screening resources,
29 with emphasis on children from birth through age 9 who are at
30 high risk of having learning problems.
31
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1 (d) Improve the availability to parents of appropriate
2 education and intervention programs, services, and supports to
3 address learning problems and learning disabilities.
4 (e) Identify gaps in the array of services and
5 supports so that an appropriate child-centered and
6 family-centered continuum of education and support would be
7 readily available in each community.
8 (f) Improve accountability of the system through
9 improved planning, integration, and collaboration among
10 providers and through outcome measurement in collaboration
11 with parents.
12 (2) LEARNING GATEWAY STEERING COMMITTEE.--
13 (a) To ensure that parents of children with potential
14 learning problems and learning disabilities have access to the
15 appropriate necessary services and supports, an 18-member
16 steering committee is created. The steering committee is
17 assigned to the Department of Education for administrative
18 purposes.
19 (b) The duties of the Learning Gateway Steering
20 Committee are to provide policy development, consultation,
21 oversight, and support for the implementation of three
22 demonstration programs and to advise the agencies, the
23 Legislature, and the Governor on statewide implementation of
24 system components and issues and on strategies for continuing
25 improvement to the system.
26 (c) The steering committee shall direct the
27 administering agency of the Learning Gateway program to expend
28 the funds appropriated for the steering committee's use to
29 procure the products delineated in section 105 of this act
30 through contracts or other means. The steering committee and
31 the Learning Gateway pilot programs will provide information
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1 and referral for services but will not provide direct services
2 to parents or children.
3 (d) The steering committee must include parents,
4 service providers, and representatives of the disciplines
5 relevant to diagnosis of and intervention in early learning
6 problems. The Governor shall appoint one member from the
7 private sector who has expertise in communications, management
8 or service provision, one member who has expertise in
9 children's vision, one member who has expertise in learning
10 disabilities, one member who has expertise in audiology, one
11 member who is a parent of a child eligible for services by the
12 Learning Gateway, and one provider of related diagnostic and
13 intervention services. The President of the Senate shall
14 appoint one member from the private sector who has expertise
15 in communications, management or service provision, one member
16 who has expertise in emergent literacy, one member who has
17 expertise in pediatrics, one member who has expertise in brain
18 development, one member who is a parent of a child eligible
19 for services by the Learning Gateway, and one member who is a
20 provider of related diagnostic and intervention services. The
21 Speaker of the House of Representatives shall appoint one
22 member from the private sector who has expertise in
23 communications, management or service provision, one member
24 who has expertise in environmental health and allergies, one
25 member who has expertise in children's nutrition, one member
26 who has expertise in family medicine, one parent of a child
27 eligible for services by the Learning Gateway, and one member
28 who is a school psychologist providing diagnostic and
29 intervention services.
30 (e) To support and facilitate system improvements, the
31 steering committee must consult with representatives from the
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1 Department of Education, the Department of Health, the Florida
2 Partnership for School Readiness, the Department of Children
3 and Family Services, the Agency for Health Care
4 Administration, the Department of Juvenile Justice, and the
5 Department of Corrections and the director of the Learning
6 Development and Evaluation Center of Florida Agricultural and
7 Mechanical University.
8 (f) Steering committee appointments must be made, and
9 the committee must hold its first meeting, within 90 days
10 after this act takes effect. Steering committee members shall
11 be appointed to serve a term of 3 years. The Governor shall
12 designate the chairman of the steering committee.
13 (g) Steering committee members shall not receive
14 compensation for their services, but may receive reimbursement
15 for travel expenses incurred under section 112.061, Florida
16 Statutes.
17 (3) LEARNING GATEWAY DEMONSTRATION PROJECTS.--
18 (a) Within 90 days after its initial meeting, the
19 Learning Gateway Steering Committee shall accept proposals
20 from interagency consortia in Orange, Manatee, and St. Lucie
21 counties which comprise public and private providers,
22 community agencies, business representatives, and the local
23 school board in each county to serve as demonstration sites
24 for design and development of a system that addresses the
25 requirements in section 106 of this act. If there is no
26 proposal from one of the designated counties, the steering
27 committee may select another county to serve as a
28 demonstration site by majority vote.
29 (b) The proposals for demonstration projects must
30 provide a comprehensive and detailed description of the system
31 of care. The description of the proposed system of care must
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1 clearly indicate the point of access for parents, integration
2 of services, linkages of providers, and additional array of
3 services required to address the needs of children and
4 families.
5 (c) The demonstration projects should ensure that the
6 system of care appropriately includes existing services to the
7 fullest extent possible and should determine additional
8 programs, services, and supports that would be necessary to
9 implement the requirements of this act.
10 (d) The projects, in conjunction with the steering
11 committee, shall determine what portion of the system can be
12 funded using existing funds, demonstration funds provided by
13 this act, and other available private and community funds.
14 (e) The demonstration projects shall recommend to the
15 steering committee the linking or combining of some or all of
16 the local planning bodies, including school readiness
17 coalitions, Healthy Start coalitions, Part C advisory
18 councils, Department of Children and Family Services community
19 alliances, and other boards or councils that have a primary
20 focus on services for children from birth to age 9, to the
21 extent allowed by federal regulations, if such changes would
22 improve coordination and reduce unnecessary duplication of
23 effort.
24 (f) Demonstration projects shall use public and
25 private partnerships, partnerships with faith-based
26 organizations, and volunteers, as appropriate, to enhance
27 accomplishment of the goals of the system.
28 (g) Addressing system components delineated in section
29 105 of this act, each demonstration project proposal must
30 include, at a minimum:
31
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1 1. Protocols for requiring and receiving parental
2 consent for Learning Gateway services.
3 2. A method for establishing communication with
4 parents and coordination and planning processes within the
5 community.
6 3. Action steps for making appropriate linkages to
7 existing services within the community.
8 4. Procedures to determine gaps in services and
9 identify appropriate providers.
10 5. A lead agency to serve as the system access point,
11 or gateway.
12 (h) As authorized under the budget authority of the
13 Department of Education, demonstration projects,
14 representative of the diversity of the communities in this
15 state, shall be established in Manatee, Orange, and St. Lucie
16 counties as local Learning Gateway sites and shall be
17 authorized to hire staff, establish office space, and contract
18 for administrative services as needed to implement the project
19 within the budget designated by the Legislature.
20 (i) The steering committee must approve, deny, or
21 conditionally approve a Learning Gateway proposal within 60
22 days after receipt of the proposal. If a proposal is
23 conditionally approved, the steering committee must assist the
24 Learning Gateway applicant to correct deficiencies in the
25 proposal by December 1, 2002. Funds must be available to a
26 pilot program 15 days after final approval of its proposal by
27 the steering committee. Funds must be available to all pilot
28 programs by January 1, 2003.
29 Section 106. Components of the Learning Gateway.--
30 (1) The Learning Gateway system consists of the
31 following components:
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1 (a) Community education strategies and family-oriented
2 access.--
3 1. Each local demonstration project shall establish
4 the system access point, or gateway, by which parents can
5 receive information about available appropriate services. An
6 existing public or private agency or provider or new provider
7 may serve as the system gateway. The local Learning Gateway
8 should provide parents and caretakers with a single point of
9 access for screening, assessment, and referral for services
10 for children from birth through age 9. The demonstration
11 projects have the budgetary authority to hire appropriate
12 personnel to perform administrative functions. These staff
13 members must be knowledgeable about child development, early
14 identification of learning problems and learning disabilities,
15 family service planning, and services in the local area. Each
16 demonstration project must arrange for the following services
17 to be provided by existing service systems:
18 a. Conducting intake with families.
19 b. Conducting appropriate screening or referral for
20 such services.
21 c. Conducting needs/strengths-based family assessment.
22 d. Developing family resource plans.
23 e. Making referrals for needed services and assisting
24 families in the application process.
25 f. Providing service coordination as needed by
26 families.
27 g. Assisting families in establishing a medical home.
28 h. Conducting case management and transition planning
29 as necessary.
30 i. Monitoring performance of service providers against
31 appropriate standards.
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1 2. The Learning Gateway Steering Committee and
2 demonstration projects shall designate a central information
3 and referral access phone number for parents in each pilot
4 community. This centralized phone number should be used to
5 increase public awareness and to improve access to local
6 supports and services for children from birth through age 9
7 and their families. The number should be highly publicized as
8 the primary source of information on services for young
9 children. The telephone staff should be trained and supported
10 to offer accurate and complete information and to make
11 appropriate referrals to existing public and private community
12 agencies.
13 3. In collaboration with local resources such as
14 Healthy Start, the demonstration projects shall develop
15 strategies for offering hospital visits or home visits by
16 trained staff to new mothers. The Learning Gateway Steering
17 Committee shall provide technical assistance to local
18 demonstration projects in developing brochures and other
19 materials to be distributed to parents of newborns.
20 4. In collaboration with other local resources, the
21 demonstration projects shall develop public awareness
22 strategies to disseminate information about developmental
23 milestones, precursors of learning problems and other
24 developmental delays, and the service system that is
25 available. The information should target parents of children
26 from birth through age 9 and should be distributed to parents,
27 health care providers, and caregivers of children from birth
28 through age 9. A variety of media should be used as
29 appropriate, such as print, television, radio, and a
30 community-based internet web site, as well as opportunities
31 such as those presented by parent visits to physicians for
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1 well-child check-ups. The Learning Gateway Steering Committee
2 shall provide technical assistance to the local demonstration
3 projects in developing and distributing educational materials
4 and information.
5 a. Public awareness strategies targeting parents of
6 children from birth through age 5 shall be designed to provide
7 information to public and private preschool programs,
8 childcare providers, pediatricians, parents, and local
9 businesses and organizations. These strategies should include
10 information on the school readiness performance standards for
11 kindergarten adopted by the School Readiness Partnership
12 Board.
13 b. Public awareness strategies targeting parents of
14 children from ages 6 through 9 must be designed to disseminate
15 training materials and brochures to parents and public and
16 private school personnel, and must be coordinated with the
17 local school board and the appropriate school advisory
18 committees in the demonstration projects. The materials should
19 contain information on state and district proficiency levels
20 for grades K-3.
21 (b) Screening and developmental monitoring.--
22 1. In coordination with the Partnership for School
23 Readiness, the Department of Education, and the Florida
24 Pediatric Society, and using information learned from the
25 local demonstration projects, the Learning Gateway Steering
26 Committee shall establish guidelines for screening children
27 from birth through age 9. The guidelines should incorporate
28 recent research on the indicators most likely to predict early
29 learning problems, mild developmental delays, child-specific
30 precursors of school failure, and other related developmental
31 indicators in the domains of cognition; communication;
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1 attention; perception; behavior; and social, emotional,
2 sensory, and motor functioning.
3 2. Based on the guidelines established by the steering
4 committee and in cooperation with the Florida Pediatric
5 Society, the steering committee shall adopt a comprehensive
6 checklist for child healthcare checkups and a corresponding
7 training package for physicians and other medical personnel in
8 implementing more effective screening for precursors of
9 learning problems, learning disabilities, and mild
10 developmental delays.
11 3. Using the screening guidelines developed by the
12 steering committee, local demonstration projects should engage
13 local physicians and other medical professionals in enhancing
14 the screening opportunities presented by immunization visits
15 and other well-child appointments, in accordance with the
16 American Academy of Pediatrics Periodicity Schedule.
17 4. Using the screening guidelines developed by the
18 steering committee, the demonstration projects shall develop
19 strategies to increase early identification of precursors to
20 learning problems and learning disabilities through providing
21 parents the option of improved screening and referral
22 practices within public and private early care and education
23 programs and K-3 public and private school settings.
24 Strategies may include training and technical assistance teams
25 to assist program providers and teachers. The program shall
26 collaborate appropriately with the school readiness
27 coalitions, local school boards, and other community resources
28 in arranging training and technical assistance for early
29 identification and screening with parental consent.
30 5. The demonstration project shall work with
31 appropriate local entities to reduce the duplication of
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1 cross-agency screening in each demonstration project area.
2 Demonstration projects shall provide opportunities for public
3 and private providers of screening and assessment at each age
4 level to meet periodically to identify gaps or duplication of
5 efforts in screening practices.
6 6. Based on technical assistance and support provided
7 by the steering committee and in conjunction with the school
8 readiness coalitions and other appropriate entities,
9 demonstration projects shall develop a system to log the
10 number of children screened, assessed, and referred for
11 services. After development and testing, tracking should be
12 supported by a standard electronic data system for screening
13 and assessment information.
14 7. In conjunction with the technical assistance of the
15 steering committee, demonstration projects shall develop a
16 system for targeted screening. The projects should conduct a
17 needs assessment of existing services and programs where
18 targeted screening programs should be offered. Based on the
19 results of the needs assessment, the project shall develop
20 procedures within the demonstration community whereby periodic
21 developmental screening could be offered to parents of
22 children from birth through age 9 who are served by state
23 intervention programs or whose parents or caregivers are in
24 state intervention programs. Intervention programs for
25 children, parents, and caregivers include those administered
26 or funded by the:
27 a. Agency for Health Care Administration;
28 b. Department of Children and Family Services;
29 c. Department of Corrections and other criminal
30 justice programs;
31 d. Department of Education;
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1 e. Department of Health; and
2 f. Department of Juvenile Justice.
3 8. When results of screening suggest developmental
4 problems, potential learning problems, or learning
5 disabilities, the intervention program shall inform the
6 child's parent of the results of the screening and shall offer
7 to refer the child to the Learning Gateway for coordination of
8 further assessment. If the parent chooses to have further
9 assessment, the Learning Gateway shall make referrals to the
10 appropriate entities within the service system.
11 9. The local Learning Gateway shall provide for
12 followup contact to all families whose children have been
13 found ineligible for services under Part B or Part C of the
14 IDEA to inform them of other services available in the county.
15 10. Notwithstanding any law to the contrary, each
16 agency participating in the Learning Gateway is authorized to
17 provide to a Learning Gateway program confidential information
18 exempt from disclosure under chapter 119, Florida Statutes,
19 regarding a developmental screening on any child participating
20 in the Learning Gateway who is or has been the subject of a
21 developmental screening within the jurisdiction of each
22 agency.
23 (c) Early education, services and supports.--
24 1. The demonstration projects shall develop a
25 conceptual model system of care that builds upon, integrates,
26 and fills the gaps in existing services. The model shall
27 indicate how qualified providers of family-based or
28 center-based interventions or public and private school
29 personnel may offer services in a manner consistent with the
30 standards established by their profession and by the standards
31 and criteria adopted by the steering committee and consistent
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1 with effective and proven strategies. The specific services
2 and supports may include:
3 a. High-quality early education and care programs.
4 b. Assistance to parents and other caregivers, such as
5 home-based modeling programs for parents and play programs to
6 provide peer interactions.
7 c. Speech and language therapy that is
8 age-appropriate.
9 d. Parent education and training.
10 e. Comprehensive medical screening and referral with
11 biomedical interventions as necessary.
12 f. Referral as needed for family therapy, other mental
13 health services, and treatment programs.
14 g. Family support services as necessary.
15 h. Therapy for learning differences in reading and
16 math, and attention to subject material for children in grades
17 K-3.
18 i. Referral for Part B or Part C services as required.
19 j. Expanded access to community-based services for
20 parents.
21 k. Parental choice in the provision of services by
22 public and private providers.
23
24 The model shall include a statement of the cost of
25 implementing the model.
26 2. Demonstration projects shall develop strategies to
27 increase the use of appropriate intervention practices with
28 children who have learning problems and learning disabilities
29 within public and private early care and education programs
30 and K-3 public and private school settings. Strategies may
31 include training and technical assistance teams. Intervention
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1 must be coordinated and must focus on providing effective
2 supports to children and their families within their regular
3 education and community environment. These strategies must
4 incorporate, as appropriate, school and district activities
5 related to the student's academic improvement plan and must
6 provide parents with greater access to community-based
7 services that should be available beyond the traditional
8 school day. Academic expectations for public school students
9 in grades K-3 must be based upon the local school board's
10 adopted proficiency levels. When appropriate, school personnel
11 shall consult with the local Learning Gateway to identify
12 other community resources for supporting the child and the
13 family.
14 3. The steering committee, in cooperation with the
15 Department of Children and Family Services, the Department of
16 Education, and the Florida Partnership for School Readiness,
17 shall identify the elements of an effective research-based
18 curriculum for early care and education programs.
19 4. The steering committee, in conjunction with the
20 demonstration projects, shall develop processes for
21 identifying and sharing promising practices and shall showcase
22 these programs and practices at a dissemination conference.
23 5. The steering committee shall establish processes
24 for facilitating state and local providers' ready access to
25 information and training concerning effective instructional
26 and behavioral practices and interventions based on advances
27 in the field and for encouraging researchers to regularly
28 guide practitioners in designing and implementing
29 research-based practices. The steering committee shall assist
30 the demonstration projects in conducting a conference for
31 participants in the three demonstration projects for the
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1 dissemination of information on best practices and new
2 insights about early identification, education, and
3 intervention for children from birth through age 9. The
4 conference should be established so that continuing education
5 credits may be awarded to medical professionals, teachers, and
6 others for whom this is an incentive.
7 6. Demonstration projects shall investigate and may
8 recommend to the steering committee more effective resource
9 allocation and flexible funding strategies if such strategies
10 are in the best interest of the children and families in the
11 community. The Department of Education and other relevant
12 agencies shall assist the demonstration projects in securing
13 state and federal waivers as appropriate.
14 Section 107. Accountability.--
15 (1) The steering committee shall provide information
16 to the School Readiness Estimating Conference and the
17 Enrollment Conference for Public Schools regarding estimates
18 of the population of children from birth through age 9 who are
19 at risk of learning problems and learning disabilities.
20 (2) The steering committee, in conjunction with the
21 demonstration projects, shall develop accountability
22 mechanisms to ensure that the demonstration programs are
23 effective and that resources are used as efficiently as
24 possible. Accountability should be addressed through a
25 multilevel evaluation system, including measurement of
26 outcomes and operational indicators. Measurable outcomes must
27 be developed to address improved child development, improved
28 child health, and success in school. Indicators of system
29 improvements must be developed to address quality of programs
30 and integration of services. Agency monitoring of programs
31 shall include a review of child and family outcomes and system
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1 effectiveness indicators with a specific focus on elimination
2 of unnecessary duplication of planning, screening, and
3 services.
4 (3) The steering committee shall oversee a formative
5 evaluation of the project during implementation, including
6 reporting short-term outcomes and system improvements. By
7 January 2005, the steering committee shall make
8 recommendations to the Governor, the President of the Senate,
9 the Speaker of the House of Representatives, and the
10 Commissioner of Education related to the merits of expansion
11 of the demonstration projects.
12 (4) By January 1, 2005, the steering committee, in
13 conjunction with the demonstration projects, shall develop a
14 model county-level strategic plan to formalize the goals,
15 objectives, strategies, and intended outcomes of the
16 comprehensive system, and to support the integration and
17 efficient delivery of all services and supports for parents of
18 children from birth through age 9 who have learning problems
19 or learning disabilities. The model county-level strategic
20 plan must include, but need not be limited to, strategies to:
21 (a) Establish a system whereby parents can access
22 information about learning problems in young children and
23 receive services at their discretion;
24 (b) Improve early identification of those who are at
25 risk for learning problems and learning disabilities;
26 (c) Provide access to an appropriate array of services
27 within the child's natural environment or regular classroom
28 setting or specialized training in other settings;
29 (d) Improve and coordinate screening for children from
30 birth through age 9;
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1 (e) Improve and coordinate services for children from
2 birth through age 9;
3 (f) Address training of professionals in effectively
4 identifying factors, across all domains, which place children
5 from birth through age 9 at risk of school failure and in
6 appropriate interventions for the learning differences;
7 (g) Provide appropriate support to families;
8 (h) Share best practices with caregivers and referral
9 sources;
10 (i) Address resource needs of the assessment and
11 intervention system; and
12 (j) Address development of implementation plans to
13 establish protocols for requiring and receiving parental
14 consent for services; to identify action steps, responsible
15 parties, and implementation schedules; and to ensure
16 appropriate alignment with agency strategic plans.
17 Section 108. The Legislature shall appropriate a sum
18 of money to fund the demonstration programs and shall
19 authorize selected communities to blend funding from existing
20 programs to the extent that this is advantageous to the
21 community and is consistent with federal requirements.
22 Section 109. Effective upon becoming a law, paragraph
23 (b) of subsection (2), paragraph (b) of subsection (4), and
24 paragraph (a) of subsection (6) of section 229.05371, Florida
25 Statutes, are amended to read:
26 229.05371 The John M. McKay Scholarships for Students
27 with Disabilities Program.--There is established a program
28 that is separate and distinct from the Opportunity Scholarship
29 Program and is named the John M. McKay Scholarships for
30 Students with Disabilities Program, pursuant to this section.
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1 (2) SCHOLARSHIP ELIGIBILITY.--The parent of a public
2 school student with a disability who is dissatisfied with the
3 student's progress may request and receive from the state a
4 John M. McKay Scholarship for the child to enroll in and
5 attend a private school in accordance with this section if:
6 (b) The parent has obtained acceptance for admission
7 of the student to a private school that is eligible for the
8 program under subsection (4) and has notified, in writing, the
9 school district of the request for a scholarship at least 60
10 days prior to the date of the first scholarship payment. The
11 parental notification shall be through a communication
12 directly to the district or through the Florida Department of
13 Education to the district in a manner that creates a written
14 or electronic record of the notification and the date of
15 receipt of the notification.
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17 This section does not apply to a student who is enrolled in a
18 school operating for the purpose of providing educational
19 services to youth in Department of Juvenile Justice commitment
20 programs. For purposes of continuity of educational choice,
21 the scholarship shall remain in force until the student
22 returns to a public school or graduates from high school.
23 However, at any time, the student's parent may remove the
24 student from the private school and place the student in
25 another private school that is eligible for the program under
26 subsection (4) or in a public school as provided in subsection
27 (3).
28 (4) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
29 participate in the John M. McKay Scholarships for Students
30 with Disabilities Program, a private school must be a Florida
31 private school, may be sectarian or nonsectarian, and must:
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1 (b) Notify the Department of Education of its intent
2 to participate in the program under this section by May 1 of
3 the school year preceding the school year in which it intends
4 to participate. The notice must specify the grade levels and
5 services that the private school has available for students
6 with disabilities who are participating in the scholarship
7 program.
8 (6) SCHOLARSHIP FUNDING AND PAYMENT.--
9 (a)1. The maximum scholarship granted for an eligible
10 student with disabilities shall be a calculated amount
11 equivalent to the base student allocation in the Florida
12 Education Finance Program multiplied by the appropriate cost
13 factor for the educational program that would have been
14 provided for the student in the district school to which he or
15 she was assigned, multiplied by the district cost
16 differential.
17 2. In addition, a share of the guaranteed allocation
18 for exceptional students shall be determined and added to the
19 calculated amount. The calculation shall be based on the
20 methodology and the data used to calculate the guaranteed
21 allocation for exceptional students for each district in
22 chapter 2000-166, Laws of Florida. Except as provided in
23 subparagraph 3., the calculation shall be based on the
24 student's grade, matrix level of services, and the difference
25 between the 2000-2001 basic program and the appropriate level
26 of services cost factor, multiplied by the 2000-2001 base
27 student allocation and the 2000-2001 district cost
28 differential for the sending district. Also, the calculated
29 amount shall include the per-student share of supplemental
30 academic instruction funds, instructional materials funds,
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1 technology funds, and other categorical funds as provided for
2 such purposes in the General Appropriations Act.
3 3. Until the school district completes the matrix
4 required by paragraph (3)(b), the calculation must be based on
5 the matrix that assigns the student to support level I of
6 service as it existed prior to the 2000-2001 school year. When
7 the school district completes the matrix, the amount of the
8 payment must be adjusted as needed.
9 Section 110. Each district school board and county
10 supervisor of elections should cooperate to provide voter
11 education to high-school students who are in grade 12. This
12 educational effort should include instruction in the
13 responsibilities of voters, how to vote, how and when to
14 preregister, and how to use voting machines. Students who
15 have satisfactorily completed the instruction should be
16 allowed to preregister to vote. Such instruction should take
17 place during school hours, for instance during a senior
18 assembly or other such event, so as to facilitate focusing on
19 12th-graders.
20 Section 111. Subsection (7) of section 3 of chapter
21 2000-321, Laws of Florida, is repealed.
22 Section 112. Except as otherwise provided in this act,
23 this act shall take effect January 7, 2003.
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